Legal documents

PRIVACY AND DATA PROTECTION POLICY WHY EVA

1. GENERAL STATEMENT
We take your privacy very seriously and are committed to protecting it. We believe that you should be able to easily find out what personal data we collect and use, and understand your rights in relation to it.

This privacy policy (the "Privacy Policy") explains our policies and practices regarding the manner in which we collect, use and disclose personal data that we collect on our digital platforms or during our events.

We recommend that you read this Privacy Policy carefully as it contains important information about your personal data.

Please feel free to contact us if you have any questions or comments about our Privacy Policy (see "How to Contact Us" below).

2. WHO ARE WE?
The terms "company", "we", "us" and "our" refer to Why Eva as the company responsible for processing your personal data, unless it is specified otherwise in our Privacy Policy.

The person responsible for processing your data is the company Why Eva, whose registered office is located in Luxembourg, Rue du Laboratoire, 9, represented by Daria Saltykova in her capacity as Cheif Manager.

3. WHAT PERSONAL DATA DO WE COLLECT AND HOW IS IT COLLECTED?
Personal data is information about an identified or identifiable individual. It includes, for example, a person's name, address and gender.

We may collect personal data directly from you (for example, when you fill out the fields provided) or indirectly (for example, from your electronic devices that interact with our website).

We will inform you when your information is needed to process your request, to respond to your inquiries, or to enable you to participate in one of our programs. If you do not provide this information, it may delay or make it impossible to process your request.

We strive to ensure that the personal data we hold is accurate at all times. We therefore encourage you to update your data in case any changes occur. We may also ask you to update your data from time to time.

We recommend that you only provide the data requested or necessary for your request, and that you do not provide us with sensitive data relating to race, ethnic origin, political opinions, religious or philosophical beliefs, and data concerning health, sex life or sexual orientation.

4. MINIMAL AGE
We do not collect, directly or indirectly, personal data from persons under the age of 16, without prejudice to any local law setting a different minimum age. We therefore ask you not to provide us with personal data of persons who do not meet this criteria.

5. WHY DO WE COLLECT YOUR PERSONAL DATA AND HOW DO WE USE IT?
When you provide us with your personal data, we limit the use of such personal data to the purpose for which it was collected. The collection of personal data is carried out on the legal basis of Article 6 §1 a) of the General Data Protection Regulation of 27 April 2016.
We may collect your personal data for the following purposes
  • Processing on the basis of your consent is carried out solely for the purpose of:
    - managing contact requests
  • Some processing is necessary for the purposes of the legitimate interests pursued by Why Eva :
    - management of the administration and security of the site: the legitimate interest being to ensure the security and functionality of our website
    - management of cookies that are necessary for the service.

6. CATEGORY OF DATA PROCESSED
Connecting to our site automatically involves the collection of technical data and identification data about you such as : IP address; time stamps (date and time of connection); technical data relating to the equipment and browser used; data related to the navigation on websites are collected.
We also collect non-technical data when you contact us: Last name; first name; title; email address; telephone, additional comments.

7. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
Why Eva undertakes to keep your personal data for no longer than is necessary to pursue and achieve the purposes for which the data was collected.

For the management of contact requests : until your request is processed, and at the latest 3 years from the last contact with WhyEva. For administration of the site : a long as 12 months.

8. COOKIES
When you visit the site, information related to the navigation of your terminal (computer, tablet, smartphone, etc.) on the site may be recorded in text files called "cookies", installed on your browser. Cookies are used to recognize your browser for the duration of the validity of the cookie concerned and to return certain information to the site (for example, a session identifier or the choice of language).

These cookies and other tracers are deposited and used via our website by Why Eva and by third-party companies. Some of them are essential to the operation of the website and others enable us to provide you with certain functions (geographical position, weather map, etc.) and to optimize the use of our site.

Third party companies may collect personal data about you, including your Internet Protocol (IP) address. They may also, with cookies, log files and web beacons, process other data from other sources for their own statistical and technical purposes. Such processing is subject to their own privacy policy.

You can keep control of your data and oppose the registration of cookies in two ways: - By going to our cookie management module Local storage policy
or
- By changing your browser settings by visiting the sites linked below according to your browser type:
  • Firefox
  • Chrome
  • Explorer
  • Safari
For more information, please visit the website of the Commission Nationale pour la protection des données: https://cnpd.public.lu/fr.html;
List of third-party trackers and cookies:
  • googletagmanager.com - 2 call(s)
  • fonts.googleapis.com - 2 call(s)
  • Google Font (fonts.gstatic.com) - 6 call(s)
To ensure an attractive visualization of our services, we use "Google Fonts" which integrate selected fonts into our website. Google Fonts is an offering of Google Ireland Limited, a company incorporated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. A transfer of your personal data outside the EU to the United States is possible. For more information on data protection management, please see their privacy policy: https://policies.google.com/privacy.
Link to privacy policy: https://policies.google.com/privacy
  • Google Analytics (google-analytics.com) - 2 call(s)
We use the services of Google Analytics to obtain statistics on the use of our website. The company may place cookies on your terminal for its own purposes. Furthermore, a transfer of personal data to the United States is possible. For more information on data protection management, please consult their privacy policy: https://policies.google.com/privacy. Link to the privacy policy: https://policies.google.com/privacy Cookie Retention Period
  • We will remove personal data of people who are inactive for 1 year from our database.
  • Every 13 months we will ask again for the consent of our website visitors for the processing of cookies.
A transfer of your personal data outside the European Union is possible.

9. HOW DO WE DISCLOSE AND TRANSFER YOUR PERSONAL DATA?
We may disclose your personal data only to the parties named below and for the following purposes:
- We disclose your personal data to employees of Why Eva who need access to your personal data and who are authorized to process it for the above-mentioned purposes and who are obligated to keep it confidential.
- We may also pass on personal data to third parties acting on behalf of Why Eva and approved by Why Eva. These third parties are obliged to respect confidentiality and are not allowed to use your personal data for any other purpose. We also require them to apply appropriate security measures to protect your personal data.

10. HOW DO WE PROTECT YOUR PERSONAL DATA?
All of your personal data is strictly confidential and will only be accessed on a need-to-know basis by Why Eva staff, and if necessary by duly authorized Why Eva staff and independent service providers acting on our behalf under appropriate technical and organizational security measures.

Why Eva has implemented security measures to protect your personal data from unauthorized access and use. We follow appropriate security procedures in the storage and disclosure of your personal data to prevent unauthorized access by third parties and to prevent accidental loss of your data. We limit access to your personal data to those who actually need to access it for business purposes. Those who have access to your data are subject to a duty of confidentiality towards Why Eva.

We also have procedures in place to deal with any suspected data breach. We will notify you and any relevant supervisory authority of a suspected data breach where we are required by law to do so.

We also require those to whom we transfer your personal data to comply with the above. Unfortunately, the transmission of information via the Internet is not completely secure. Therefore, we cannot guarantee the security of your personal data that you have transmitted to us via the Internet. Any such transmission is at your own risk and you acknowledge and agree that we will not be responsible for any unauthorized use, distribution, damage or destruction of your data, except to the extent that we are required by law to assume such responsibility. Once we receive your personal data, we will apply the security measures mentioned above.

11. WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?
In accordance with applicable data protection law, you may at any time request access to, rectification of, deletion of and portability of your personal data, or restrict or object to its processing. A summary of these rights is set out below:

Your right of access: the right to receive a copy of your personal data.

Your right to rectification: the right to ask us to rectify any errors in your data or to complete them.

Your right to be forgotten: the right to ask us to delete your personal data, in certain situations.

Your right to restriction of processing: the right to ask us to restrict the processing of your personal data, in certain circumstances, for example if you dispute the accuracy of the data.

Your right to data portability: the right to receive the personal data you have provided to us, in a structured, commonly used and machine-readable format and/or to transmit such data to a third party, in certain situations. Your right to object to processing: the right to object:
  • at any time during the processing of your personal data;
  • in certain other situations, to our further processing of your personal data, for example processing on the basis of our legitimate interests.
Where the processing of your personal data is based on your consent, you may at any time decide to withdraw your consent to the processing of your personal data, in particular where you no longer wish to receive the newsletter to which you have subscribed. If your consent is withdrawn, this does not prevent us from processing your personal data on other legal grounds, where applicable, the legitimate interest of Why Eva.

If you no longer wish to receive our information by e-mail, we remind you that you can revoke your consent at any time directly from the unsubscribe link included in each e-mail we send you. If you do so, we will promptly update our databases and take all reasonable steps to respond to your request as soon as possible.

You also have the right to lodge a complaint with your local data protection authority about an alleged breach of the data protection rules applicable to you.

To exercise any of these rights, please contact us using the contact details below (see "How to contact us").

Please note that if you exercise any of the above rights, you will be asked to inform us of which right you wish to exercise and to provide us with certain information (copy of an ID card, passport or other legally recognized identification) for identification purposes in order to process your request and to protect you against fraudulent requests from third parties.

12. HOW TO CONTACT US?
If you have any questions about your data, want to revoke your consent, have general questions or make a complaint, please contact our team:
  • by e-mail: info@whyeva.com
  • by post: Why Eva, Luxembourg, Rue du Laboratoire, 9.
For practical reasons, Why Eva would like to remind you of the importance of handwriting when exercising your rights.
If you have any questions or concerns about our Privacy Policy or data processing, you can contact the Group's Data Protection Officer at the following address Why Eva, Luxembourg, Rue du Laboratoire, 9.

13. CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy reflects our current practices and may be changed and updated from time to time.

15/09/2022

TERMS OF USE
User License Agreement for WHYEVA APPLICATIONS


NOTE: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH THE INSTALLATION: THIS END USER LICENSE AGREEMENT (HEREINAFTER "AGREEMENT") CONSTITUTES A LEGAL AGREEMENT BETWEEN WHYEVA COMPANY AND YOU, AND SETS FORTH THE TERMS AND CONDITIONS FOR THE DOWNLOAD, INSTALLATION AND USE OF APPLICATIONS DEVELOPED BY WHYEVA COMPANY.

BY DOWNLOADING, INSTALLING OR USING WHYEVA COMPANY APPLICATIONS, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND YOU CONFIRM THAT YOU ARE DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE WHYEVA COMPANY APPLICATION. For the purposes of this Agreement, WhyEva Company shall be represented by Daria Saltykova in her capacity as Chief Manager.

DEFINITIONS

For the purposes of this Agreement, "Application" (hereinafter "APPLICATION") means the icon or coded symbol, including the software that includes it, which may include programs and services, media, and associated "online" documentation, that may appear on your Smartphone or Tablet and that allow you to perform the functionalities and functions of the application. "Eva" refers to the company WhyEva whose registered office is located in Luxembourg, Rue du Laboratoire, 9. The APPLICATION is protected by copyright, trademark law and any other law or treaty relating to intellectual property. The APPLICATION is the subject of a user license.

1. LICENSE GRANT

WhyEva grants you the limited, non-exclusive, non-transferable right to install and use the APPLICATION on a Smartphone or Tablet that you own or control. This license does not authorize you to use the APPLICATION on a Smartphone or Tablet that you do not own or control, and you may not distribute or disseminate the APPLICATION over a network where it could be used simultaneously by multiple devices. The terms of this license shall govern any update/upgrade provided by WhyEva Company that replaces and/or is in addition to the original APPLICATION, unless such update/upgrade is accompanied by a separate license, in which case the terms of such license shall govern. If Company provides an update for the SOFTWARE, use of the updated SOFTWARE remains subject to the terms of this Agreement exclusively.

2. DESCRIPTION OF RIGHTS AND RESTRICTIONS

Under no circumstances may you:
  1. remove any legal notice from any or all copies of the APPLICATION;
  2. rent, lease, lend, sell or sublicense the use of the APPLICATION;
  3. decompile, reverse engineer, disassemble, modify or create derivative works from all or any part of the APPLICATION or its updates, or derive, modify, block, alter or circumvent any of the functions or protections of the APPLICATION, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this restriction;
  4. distribute registered copies of the APPLICATION to third parties;
  5. If the APPLICATION can be configured with settings provided by WhyEva, you may adjust such settings to the extent permitted by WhyEva without violating the terms of this Agreement.

3. ASSISTANCE

WhyEva may offer you support services in connection with the APPLICATION. Any updates/upgrades provided as part of such support services shall be considered an integral part of the APPLICATION subject to the terms and conditions of this Agreement. If you have any questions regarding the APPLICATION, please contact us by mail at WhyEva in Luxembourg, Rue du Laboratoire, 9 or by e-mail at info@whyeva.com.

4. PROPERTY RIGHTS AND OWNERSHIP

All rights, titles and interests relating to the APPLICATION and any copies thereof are the exclusive property of WhyEva. All title and intellectual property rights in and to the content accessible through the use of the APPLICATION are the property of their respective owners and may be protected by applicable copyright or other intellectual property laws, statutes or treaties. Such rights do not grant you any right to use such content. WhyEva reserves all rights not expressly granted in this Agreement.

You acknowledge that in the event of a claim by a third party that the APPLICATION or your possession or use of the APPLICATION infringes such third party's rights, WhyEva may only, in its sole discretion, including but not limited to investigating, challenging and settling such claim of intellectual property infringement. You must immediately notify WhyEva in writing of such claim upon being notified and grant WhyEva full and exclusive authority and cooperation to dispute or settle such claim. You must immediately cease all use of the affected APPLICATION. Otherwise, you shall indemnify WhyEva for any claims and hold WhyEva harmless for any damages arising from such negligence.

5. CONCLUSION OF THE CONTRACT

This contract applies to the use of the APPLICATION by a commercial or professional end user. If you are a consumer, this contract does not give you any rights. This Agreement is a legal agreement between you and the Licensor for the use of the APPLICATION in accordance with the provisions explicitly set forth in Section 4. By installing the APPLICATION or exercising the rights granted to you to use the APPLICATION, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of the agreement, you must immediately remove the APPLICATION.

THE CONDITIONS GOVERNING MOBILE APPLICATION STORES SUCH AS APP STORE OR GOOGLE PLAY ALSO APPLY. The manner of use of the APPLICATION may also be governed by the rules and policies of the App Store and Google Play. In the event of any discrepancy between these Terms and the terms of the app store rules and policies, the app store rules and policies shall prevail.

From time to time, the APPLICATION may be updated automatically and the service may be modified to improve its operation, expand its functionality, adapt to changes in the operating system or address security issues. There may also be times when we ask you to update the APPLICATION for these reasons. If you choose not to install such updates or to disable automatic updates, continued use of the APPLICATION and the services may not be guaranteed.

The APPLICATION is designed to work with the current or previous version of the operating systems (to the extent that it may be updated from time to time) and to match the description of the APPLICATION presented to you at the time you install it.

6. TERM AND TERMINATION

This Agreement shall be effective from the time you begin using the SOFTWARE until the time you cease using the SOFTWARE. This Agreement shall remain in effect until terminated. The rights granted under this license shall automatically terminate, without notice to you, if you fail to comply with any term of this Agreement. Upon termination of the license, you must cease all use of the APPLICATION and destroy all copies of the APPLICATION or any portion thereof in your possession. WhyEva reserves the right to withdraw your access to the APPLICATION, without any refund of any fees paid.

7. DISCLAIMER OF WARRANTY

WhyEva does not warrant or assume responsibility for the accuracy or completeness of the information, text, graphics, links or any other items that may be included in the APPLICATION.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK AND THAT YOU ASSUME THE ENTIRE RISK AS TO ITS SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY. INFORMATION AND ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY WHYEVA OR ANY OF ITS AUTHORIZED REPRESENTATIVES DOES NOT CONSTITUTE A WARRANTY. THE APPLICATION IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND WHYEVA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WHYEVA DOES NOT WARRANT THAT YOU WILL NOT ENCOUNTER ANY PROBLEMS WHILE USING THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR THE SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DEFECTS IN THE APPLICATION WILL BE CORRECTED.

Applicable laws in some states or provinces do not allow the exclusion of implied warranties, so the above limitations may not apply to you. Some rights may vary by jurisdiction.

8. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, UNDER NO LEGAL CIRCUMSTANCES AND REGARDLESS OF THE TYPE OF LIABILITY ASSERTED (CONTRACTUAL, TORT OR OTHERWISE) SHALL WHYEVA COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, CLAIMS OR COSTS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COLLATERAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, OR LOSS OF DATA OR PROFIT. THE FOREGOING LIMITATION SHALL APPLY EVEN IF WHYEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE COMPANY NOR ITS LICENSOR WARRANTS THAT THE SOFTWARE WILL BE ERROR FREE OR MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSOR SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY'S LIABILITY UNDER THE TERMS OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU UNDER THIS AGREEMENT.

WHYEVA COMPANY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION, IF ANY. Nothing in this Agreement limits WhyEva's liability to you for death or personal injury or damage resulting from gross negligence or willful misconduct.

9. INDEMNIFICATION

You agree to indemnify, hold harmless and defend WhyEva from and against any claim, suit or proceeding, including reasonable attorneys' fees, arising out of anything you do or fail to do in violation of this End User License Agreement, any agreement, law or regulation or any court or government order, provided that WhyEva immediately notifies you in writing of such claim, suit or proceeding after WhyEva has been notified in writing and grants you full and exclusive authority and cooperation to contest and settle such claim, suit or proceeding.

10. USE OF INFORMATION

You acknowledge and agree that WhyEva may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is collected on a regular basis to facilitate the provision of software updates, product support services, and other services (if any) related to the APPLICATION. WhyEva may use this information, provided it is in a form that does not personally identify you, to improve its products or to provide you with services or technology. The privacy policy governing such use of information is available on WhyEva's website. Emails we send you may include a web beacon that notifies us when you receive or open the email, or click on a link in the email. If you no longer want us to collect this information from our marketing emails, you may opt out of receiving marketing emails from us via your WhyEva company's website or ask WhyEva company to opt out.

11. EXPORT

You must comply with all export and re-export (control) restrictions and regulations. You shall not transfer, or encourage, assist or authorize the transfer of the APPLICATION or the underlying information or technology to any country that is not authorized or in violation of such restrictions and regulations. By using the APPLICATION, you agree to the foregoing and you represent and warrant that you are not (i) located in, under the jurisdiction of, or a national or resident of any country or (ii) an entity or person subject to a goods embargo imposed by any government agency or competent export authority.

12. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of the country where your WhyEva company is located, with the exception of private international law and the United Nations Convention on Contracts for the International Sale of Goods. Any claim or dispute arising out of or relating to this Agreement shall be settled exclusively by the competent court in the country where company WhyEva is located.

Claim" or "dispute" means any dispute, action or other difference between you and WhyEva regarding the APPLICATION or this Agreement, whether in contract, warranty, tort or statute.

This Agreement describes certain rights. You may have other rights under the laws of your country. You may also have rights in relation to the party (the WhyEva company) from which you acquired the APPLICATION. This Agreement does not affect such other rights if the laws of your country do not allow it.

13. ENTIRE AGREEMENT AND AMENDMENT

You acknowledge that this Agreement constitutes the entire agreement between WhyEva and you with respect to the subject matter of this Agreement and that this Agreement supersedes in its entirety any and all previous written or oral agreements between WhyEva and you with respect to the subject matter of this Agreement. YOU AGREE THAT NONE OF THE TERMS AND CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER ORDERING DOCUMENT SHALL BE BINDING ON WHYEVA OR MODIFY THIS AGREEMENT IN ANY WAY. No modification of this Agreement shall be binding on WhyEva unless expressly agreed to in writing by WhyEva and signed by one of its authorized representatives.

14. AUTONOMY OF CONTRACT PROVISIONS

If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the parties hereby request such court to modify such provision to the minimum extent necessary to render it valid, legal and enforceable, and if such court refuses or is unable to make such modification, such provision shall be deleted from this Agreement. In any event, the remaining provisions of this Agreement shall remain in full force and effect.

15. WAIVER

Any delay or failure by WhyEva to exercise any right or remedy shall not constitute a waiver of such right or remedy.

16. ASSIGNMENT

You may not assign, transfer or sublicense any of your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without the prior written approval of WhyEva. WhyEva may assign its rights or obligations to a third party without your approval.

17. HEADINGS

The section headings are provided for convenience or informational purposes only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect.

[IF APPLICABLE:] 18. THIRD PARTY SOFTWARE

WhyEva provides the following copyright notice for third party software included in the APPLICATION. This notice is required by the relevant copyright holder and does not affect your license to use such software. If you use the third-party software, you must also comply with the applicable terms. In the event of a dispute between the terms of this Agreement and the terms of the Third Party Software, the terms of the Third Party Software shall apply to your use of the Third Party Software. The Company assumes no responsibility for the Third Party Software.

19. SEVERABILITY

Nothing in this Agreement shall be construed to require the performance of any act contrary to law. If any part of this Agreement is declared invalid, illegal or unenforceable by any authority having jurisdiction, such declaration shall prevail, the part shall be severed and limited to the extent required for compliance with legal requirements and all other provisions of this Agreement shall remain in full force and effect.

20. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations that may govern your use of this Licensed Software and you agree to indemnify and hold the Company harmless from any claims, damages, losses or liabilities suffered or incurred by the Company arising out of your failure to comply.

21. PERSONAL DATA

WhyEva does not collect, store or otherwise process your personal data through your use of the APPLICATION, if not statet othervise in WhyEva Data Protection Privacy.

22. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement entered into and supersedes all prior or contemporaneous agreements or communications regarding the matters to which it relates.

23. TERMINATION OF PRODUCTS AND SERVICES

WhyEva shall have the right to stop, terminate or cease distribution, provision and/or sale of the APPLICATION, activation keys and/or service at its discretion upon at least 3 months' notice.

15/09/2022

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