Terms of use and sale

Purpose

These terms govern the use of the yuba software and related services, published by Yuba Software ("the Publisher"), by an accounting or audit firm ("the Firm") and the people it authorises ("the Users").

They apply to the demo as well as to the paid subscription. The Firm accepts them by activating the account. Together with the order form or invoice stating the modules, seats and price, they form the contract between the Publisher and the Firm.

Definitions

Software: the yuba application installed on the Firm's computers, with its local data service.

Platform: the Publisher's servers that manage accounts, licences, updates and subscription billing.

Firm Data: everything the Firm and its Users record in the Software (client files, missions, invoices, payments, deadlines, time).

Owner: the person the Firm names as owner of the account.

Seat: one person authorised to use a module.

Account and access

The Publisher creates the Firm's account and sends the Owner an activation link and a download link, valid for 7 days.

The Owner chooses a password, adds Users and gives each an access level. The Firm is responsible for keeping credentials confidential, for the people it gives access to and for what is done under their accounts. It informs the Publisher without delay of any unauthorised use.

Each person uses their own credentials. The number of computers per person is limited by the licence; the Owner can release a computer from the Software.

Demo

The demo is free and lasts 14 days. At its end, without a subscription, the Software becomes read-only: the Firm can view, print and export its data, but no longer create any.

The first subscription payment turns the demo into a subscription, with no loss of data.

Licence

For the duration of the subscription, the Publisher grants the Firm a non-exclusive, non-transferable right to use the Software for the Firm's internal needs, within the modules and seats subscribed.

The Firm shall not copy, resell, rent or make the Software available to third parties, circumvent the licensing system, or decompile or modify it, except where the law expressly allows it.

The Software and its updates remain the Publisher's property. No right other than those described here is transferred.

Price, invoicing and payment

The price is yearly, per module or per bundle, with a number of included seats and a price per extra seat, according to the price list in force at the order. Prices are in Algerian dinars excluding taxes; VAT is added at the legal rate.

The Publisher issues an invoice for each term. Payment is made by bank transfer, CCP deposit, cheque or cash, within the legal limits on cash payments.

A price change applies only from the next renewal, after informing the Firm at least 30 days in advance.

Renewal and late payment

The subscription is concluded for one year. The Publisher reminds the Owner of its end date in advance. Renewal takes effect on receipt of payment.

If payment is not received at the end of the term, the Firm has 30 days of grace, during which everything works. After that, the Software becomes read-only until payment. Firm Data is never deleted or made inaccessible because of a late payment, and it can always be exported.

Working without internet

The Software works without a connection for up to 30 days. Beyond that, it becomes read-only until a computer reconnects to renew its licence. An internet connection is needed for activation, licence renewal and updates.

Firm Data

Firm Data belongs to the Firm. It is stored on the Firm's own computers, on its premises, and encrypted. The Publisher receives no copy of it and has no access to it, unless the Firm itself sends a support bundle or asks for the deposited key to be used.

The Firm can export all of its data at any time, including in read-only mode and after the subscription ends.

The Firm is the controller of its clients' and employees' personal data within the meaning of Law No. 18-07, including the formalities with the ANPDP.

The Software makes automatic backups on the Firm's computer and offers to copy them to another disk or a USB stick. The Firm remains responsible for keeping a copy away from that computer and for keeping the recovery key given to the Owner: without it, the Publisher cannot reopen an encrypted database.

The Firm's obligations

The Firm uses the Software in accordance with these terms and the law. It installs the Software on working, protected and up-to-date Windows computers and keeps control of physical access to them.

It checks the information it enters and the documents the Software produces before issuing or filing them: fees, invoices, declarations and deadlines.

What the Software does, and what it does not

yuba is a tool for running the firm. It does not keep clients' books, does not prepare or file declarations, and does not replace the Firm's professional judgement or its responsibility towards its clients, the tax administration, social security bodies or its professional order.

The fee schedule, deadline catalogues, rates and mandatory mentions supplied with the Software are dated reference data that the Publisher updates with care. They may not reflect a recently published text. The Firm alone remains responsible for meeting its deadlines, for the amount of its fees and for the compliance of its documents.

The Publisher's commitments

The Publisher undertakes to supply the Software as described, to fix reported defects within a reasonable time, to provide updates during the subscription, to provide support by email and phone in French and Arabic on working days, and to protect the data it processes as set out in the privacy policy.

The Platform is provided with all reasonable care. Interruptions for maintenance or incidents may occur; because the Software works without internet, they do not stop the Firm's daily work.

Liability

The Publisher has an obligation of means. It is not liable for indirect damage, such as loss of clients, revenue or data caused by the absence of a backup away from the computer, nor for penalties, surcharges or sanctions imposed on the Firm or its clients.

If the Publisher is held liable, the total amount is limited to the sums paid by the Firm for the subscription in the 12 months before the event causing the damage.

These limits do not apply in case of fraud or gross negligence, nor where the law prohibits them.

Confidentiality

Each party keeps confidential the non-public information of the other that it learns while performing the contract, for its whole duration and 5 years after.

Term and termination

The contract lasts as long as the subscription runs. The Firm may decide not to renew, without reason or cost.

If a party seriously breaches its obligations, the other may terminate the contract 15 days after a written notice that remains without effect. If the Publisher terminates without fault of the Firm, or if the Firm terminates for a serious breach by the Publisher, the Publisher refunds the part of the price corresponding to the unused period.

At the end of the contract, the Software becomes read-only. The Firm keeps its data and can always export it.

Force majeure

Neither party is liable for a delay or failure caused by force majeure within the meaning of Algerian law, such as a general network outage or a decision of the authorities, for as long as it lasts.

Changes to these terms

The Publisher may change these terms. It informs the Owner at least 30 days in advance, by email or in the Software. The new terms apply from the next renewal; a Firm that does not accept them may decide not to renew, at no cost.

Governing law and disputes

The contract is governed by Algerian law. In case of dispute, the parties first seek an amicable solution for 30 days from a written request. Failing that, the dispute is brought before the competent Algerian court.

The French text prevails in case of difference with the Arabic or English versions, subject to mandatory legal provisions.

Contact

For any question about these terms: [email protected] or 0798 70 10 75.