Terms of Sale (ToS): Nawame
Version 1.4 of 20 October 2026
Article 1: Purpose and scope
These terms of sale govern the subscription to paid plans and the purchase of a gift (Article 6 bis) and the purchase of a read-aloud credit (Article 6 quinquies) for the Nawame service published by HTTP5000 (SAS, SIRET (company registration number) 43190337600033, VAT number FR48431903376, registered office 3 rue Passet, 69007 Lyon; publishing director: Maximilien HAIBI; contact: info@nawame.eu; telephone: +33 4 72 73 19 08).
They supplement the Terms of Service (ToS). In the event of a contradiction on a point relating to sales, these terms of sale prevail.
Article 2: Reference to the Pricing page (key principle)
In order to be able to change the offering without amending these terms of sale, the prices, plans, billing periods and limits are described on a separate and modifiable Pricing page. The Pricing page in force at the time of subscription forms part of the contract.
Payment and billing are handled by the Publisher's payment provider, whose identity is communicated to the customer during the order process and set out in the privacy policy. These terms of sale do not fix either the prices or the payment provider, so as to allow them to change without amending this document.
The prices of the Nawa plans in force on the date of this version are restated, for the customer's information, in Articles 6 bis, 6 ter and 6 quinquies. If they change, the price applicable to an order is the one on the Pricing page at the time of the order, restated in the order summary before payment.
Article 3: Plans
The Service is offered on the basis of differentiated plans:
- a free plan, within the limits of Article 3 ter;
- the paid Plus plan, taken out for personal use;
- the paid Organization plan, for team use within an organization, reserved for professional customers (Article 3 bis);
- the plans specific to Nawa, the personal memory application: Découverte (free), Nawa, Nawa Bavard and Nawa Duo (Article 6 ter), the "Offrir Nawa pendant un an" gift (Giving Nawa for a year, Article 6 bis) and read-aloud credits (Article 6 quinquies).
The details and scope of each plan are set out on the Pricing page.
Article 3 bis: Organization plan, reserved for professional customers
3 bis.1. Eligible customers. The Organization plan is reserved for customers who subscribe for the purposes of a professional activity (company, sole trader, liberal profession) or on behalf of a legal person (association, public body, foundation). A person who wants personal use subscribes to the Plus plan.
3 bis.2. Declaration and identification. When subscribing, the customer declares that they act for these purposes and states the name and address of the customer organization and an official identifier: SIREN or RNA number for an organization established in France, intra-Community VAT number or registration number for an organization established outside France. The contract is concluded with that organization, represented by the person who subscribes, who declares that they have authority to do so.
3 bis.3. Applicable rules. A professional customer does not benefit from the rules of the French Consumer Code reserved for consumers, in particular the right of withdrawal (Article 7) and consumer mediation (Article 12). A legal person that does not act for professional purposes (for example an association) benefits from the renewal and termination rules of Article 6 (Articles L215-1, L215-1-1 and L215-3 of the French Consumer Code).
3 bis.4. What the subscription covers. The Organization subscription covers use of the Service within the organization by its active members, owner included, up to the number of paid users. It does not change the plan of each member's personal space. Three users are included; each additional user is billed at the price on the Pricing page. Every active member of the organization counts, whatever their role; pending invitations, accounts that have left, been removed or erased, and service identities do not count.
3 bis.5. Changes in the number of users. A user added during a period is billed immediately, pro rata to the remaining period. A departure gives rise to no credit: the number of billed users decreases at the next renewal, and a user already paid for the period may be replaced without a new payment.
3 bis.6. Billing data. Only the account that pays the subscription, and the Publisher's authorized staff, can access invoices, payment methods and billing details. The other owners and managers of the organization see the status of the subscription.
Article 3 ter: Plan limits
3 ter.1. The free plan of Nawame allows creating up to 10 memories and up to 10 Methods created by the user in the Toolbox. Official Methods copied by the user do not count towards this limit. These limits are set out on the Pricing page.
3 ter.2. Beyond a limit, nothing is deleted: the content remains readable and exportable. Only the creation of a new memory or a new Method is refused, as long as the account exceeds the limit and has not subscribed to a paid plan.
3 ter.3. The Plus and Organization plans do not limit the number of memories or Methods, subject to technical limits intended for the security and proper operation of the Service.
3 ter.4. A complimentary or beta licence remains valid until its end date. If the account subscribes to a paid plan during that licence, the licence is suspended and resumes at the end of the paid subscription, whatever the cause, until its original end date.
Article 4: Subscription
4.1. Subscription is carried out online. The customer selects a plan, checks their order, and validates it. Validation constitutes acceptance of the displayed price and of these terms of sale. The terms of sale in force are accepted with each order, through an unticked box; the accepted version is recorded with the date of acceptance.
4.2. A summary and a confirmation are sent to the customer on a durable medium (by email), under the conditions of Article 7.7. Billing is handled through the payment provider presented during the order process.
4.3. Purchase reserved for adults. Subscribing to a plan and buying a gift are reserved for persons of full age (18 years of age or older). The customer confirms they are of full age when placing the order; access to Nawa also requires their age attestation (Terms of Service, Article 5.4). The Publisher offers no purchase for or by a minor.
Article 5: Prices, billing, payment
5.1. The applicable prices are those displayed on the Pricing page at the time of subscription. All prices are stated inclusive of all taxes, French VAT at the applicable rate included; for the Organization plan, the equivalent excluding tax is shown next to the price including tax. The invoice shows the amount excluding tax and the VAT. A consumer customer pays the displayed price including tax, whatever their country of residence in the European Union. No VAT exemption or reverse charge is applied at this stage: a professional customer, including one established in another EU Member State, pays the displayed price including tax; the intra-Community VAT number they provide appears on the invoice without changing the tax charged. The VAT applied is that in force on the invoicing date.
5.2. Payment is made through the Publisher's payment provider, presented during the order process. The Publisher does not retain complete payment data (card number, etc.); this data is processed by the provider.
5.3. Failed payment (Plus and Organization plans). If a payment fails, the customer is informed by email and in the Service. For seven (7) days from the first failure, the subscription keeps working normally, with a visible warning, and the payment provider may attempt the payment again. If the payment is not settled by then, the subscription is suspended: the customer keeps read access to their content, export, archiving and deletion, access to the payment portal to manage their payment method, and reactivation; new writes are suspended. Nothing is deleted. As soon as the payment is settled, everything is restored immediately. If the payment is not settled at the end of the payment provider's further attempts, the subscription ends and the account or organization reverts to the free plan under Article 6.4, without any content being deleted. For a Nawa subscription, in the event of non-payment, access to the paid features may be suspended, after notice to the customer; nothing is deleted, and the person keeps access to their memory (reading, export, erasure).
5.4. Professional customer: payment terms. Amounts are payable in advance, at the start of each subscription period, through the registered payment method. Any late payment automatically incurs, from the day after the payment date stated on the invoice and without a reminder, late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, and a fixed indemnity for recovery costs of 40 euros, without prejudice to additional compensation on proof. No discount is granted for early payment.
Article 6: Term, renewal, termination
6.1. Term. The subscription is taken out for the term indicated on the Pricing page (for example monthly or annual).
6.2. Renewal. The monthly subscription has no minimum term: it renews every month and may be terminated at any time. The annual subscription renews by tacit renewal for one year. For a consumer customer and for a legal person not acting for professional purposes, the Publisher informs them by a dedicated email, no earlier than three months and no later than one month before the deadline for non-renewal, of the option not to renew the subscription, stating that date in a prominent box (Articles L215-1 and L215-3 of the French Consumer Code).
6.3. Termination by the customer. For a Nawame subscription (Plus or Organization), the customer may terminate at any time, at no cost, from the Settings of the Nawame console, using the "Résilier mon abonnement" button (Cancel my subscription); for an organization, termination is made by the account that pays the subscription. For a Nawa subscription (Nawa, Nawa Bavard, Nawa Duo), the customer may terminate at any time, at no cost, from their Nawa space (Article 6 ter.6). Termination takes effect at the end of the current period, already paid: the Service remains available until that date and the period begun is not refunded, except where the right of withdrawal is exercised (Article 7) or a mandatory provision provides otherwise. A scheduled termination may be cancelled until it takes effect. The Publisher confirms receipt of the termination on a durable medium, with the date on which the subscription ends and its effects (Article L215-1-1 of the French Consumer Code).
6.3 bis. Change of billing period (Nawame subscription). Switching from monthly to annual takes effect immediately; the unused part of the current month is deducted from the price of the first year. Switching from annual to monthly takes effect immediately; the unused part of the current year is credited to the customer and deducted from their next invoices. For a consumer customer, any credit remaining at the end of the subscription is refunded to the payment method used.
6.4. Effects. At the end of the paid subscription, the account may revert to the free plan or be closed according to the customer's choice. A complimentary or beta licence still running resumes until its end date (Article 3 ter.4). No content is deleted because the subscription ends. Data export remains possible under the conditions provided by the Terms of Service and the privacy policy.
6.5. Launch offers. A launch discount (for example "Founding 100") applies to the base subscription only, never to additional users, for as long as the subscription that obtained it remains active. It is attached to the paying account, is not transferable and cannot be combined with any other offer. It is lost when the subscription ends completely (termination that has taken effect, end after non-payment); a scheduled termination cancelled before it takes effect keeps it. In the event of withdrawal, the discount ends with the contract and the place is returned to the offer.
Article 6 bis: Giving Nawa for a year (gift paid for another person)
6 bis.1. Principle. The customer ("the person giving") may pay for a right to use Nawa for another person ("the recipient"), whom the invitation designates and whom the person giving contacts themselves, from their own messaging app: Nawa does not write to the recipient first. The sale contract is concluded between the Publisher and the person giving. The recipient is not a party to the sale, pays nothing and does not see the amount paid; their use of Nawa is governed by the ToS. The rules for the person giving are in Article 8 bis of the ToS; their acceptance, specific to this feature, is collected at the first preparation of a gift.
6 bis.2. What is sold, and price. A right to use the Nawa plan (Article 6 ter.2) for twelve (12) months, for one person, at the price of €99 including tax (price in force on the date of these terms of sale, Article 2). It is a one-off purchase: no subscription, no renewal, no later charge. The person giving may give Nawa to several people: each gift covers one person only and follows, for itself, the rules of this article.
6 bis.3. Activation date. The offered duration does not start at purchase. It starts when two conditions are met: the recipient has accepted the invitation after verifying their phone and email address, and the person giving has opened the gift to them ("release"). On that date, the right is activated on the recipient's account, separate from the account of the person giving, for the offered duration. If the recipient already has a subscription, or subscribes during the offered duration, the offered duration is deferred and then resumed: it is not lost.
6 bis.4. Performance at the request of the person giving. At purchase, the Publisher collects the express request of the person giving that performance begin immediately, before the end of the withdrawal period (making the gift available, keeping and passing on the invitation, then activating the right at release), through an unticked box. Article 7 applies.
6 bis.5. Unclaimed gift: automatic refund at 30 days. If the gift has not been released within 30 days of its creation, for whatever reason (invitation not opened, declined, no follow-up), or if the person giving cancels it before release, or if their account is deleted before release, the Publisher automatically refunds the full price of the gift, to the payment method used, without any action on their part. This rule is more favorable than the law and is in addition to the right of withdrawal without replacing it. The refund says nothing about what the recipient did or did not do.
6 bis.6. After activation. Once the right is activated, the price is no longer refunded automatically, except by exercise of the right of withdrawal (Article 7) or a mandatory legal provision.
6 bis.7. Withdrawal from a gift. The person giving, if a consumer, has the right of withdrawal of Article 7:
- before release: full refund. The Publisher waives any sum for keeping and passing on the invitation;
- after release, within 14 days of purchase: refund of the price less an amount proportionate to the offered duration elapsed between activation and the communication of the decision to withdraw (calculated to the day over the offered duration). The offered right ends on the date the withdrawal is received; the recipient keeps their account (free plan) and all their content; they are told that the offered right ends, without further detail;
- if the express request of 6 bis.4 was not collected: no sum is due.
6 bis.8. End of the offered right, no termination or renewal. At the end of the offered duration, the right ends by operation of law: no tacit renewal, no later charge, either to the person giving or to the recipient. The person giving may cancel the gift as long as it has not been released (refund, 6 bis.5); once the right is activated, there is no early termination, the right lapses at its term (subject to Article 7). At the end of the offered right, the recipient's account reverts to the free plan; neither their content nor their export is affected (Article 6.4). The recipient may then subscribe, for themselves, under these terms of sale.
6 bis.9. Data. The information for the recipient (whose data does not come from them) is in section 5 ter of the privacy policy.
Article 6 ter: Nawa plans (Découverte, Nawa, Nawa Bavard, Nawa Duo)
6 ter.1. Découverte (discovery). The Découverte plan is free, with no payment and no commitment. It lets a person discover Nawa within a usage limit. When that limit is reached, the person is told so in Nawa, before any restriction, and may choose a paid plan. Nothing is deleted: what they have already entrusted to Nawa remains readable, exportable and erasable. Voice messages they send to Nawa are transcribed at no extra cost.
6 ter.2. Nawa. The paid Nawa plan, for one person: one account and one personal memory, with a fair use allowance (Article 6 quater). Price: €9.90 including tax per month or €99 including tax per year.
6 ter.3. Nawa Bavard ("chatty"). The same service as the Nawa plan, for a person who talks a lot with Nawa: only the fair use allowance is larger (Article 6 quater). Nawa Bavard gives access to no other feature. Price: €24.90 including tax per month or €249 including tax per year.
6 ter.4. Nawa Duo. A subscription for two people and a single payer. Price: €16.90 including tax per month or €169 including tax per year.
- Two accounts, two separate private memories. Each person has their own account, their own personal memory and the rights of the Nawa plan, with their own fair use allowance. The Duo creates no sharing: the payer never sees the other person's memory, conversations or the content of their exchanges, and the reverse is equally true. The payer only sees whether the second place is taken.
- The contract. The sale contract is concluded between the Publisher and the payer, who alone is liable for payment. The second person is not a party to the sale and pays nothing; their use of Nawa is governed by the ToS, which they accept themselves, and requires them to be of full age (ToS, Article 5.4).
- Joining the Duo. The second person joins the Duo through an invitation that the payer passes on to them themselves: Nawa does not write to them first.
- End of the second place. The second place follows the Duo subscription and ends with it (termination that has taken effect, withdrawal, end after non-payment). The second person then keeps their account and all their memory, which revert to the free plan (Article 6.4).
6 ter.5. Term and renewal. The Nawa, Nawa Bavard and Nawa Duo subscriptions are taken out monthly or annually, payable in advance. They renew automatically at each due date for a period of the same length, at the plan's normal price (Article 6 sexies for promotions), until terminated. Before an annual subscription renews, the consumer customer receives the information provided for in Article 6.2 (Articles L215-1 and L215-3 of the French Consumer Code), with the deadline for not renewing it.
6 ter.6. Termination at any time. The customer may terminate their Nawa subscription at any time, at no cost and without giving reasons, from their Nawa space. Termination stops the renewal: access to the plan continues until the end of the period already paid, then ends with no new charge. The current period is not refunded, except where the right of withdrawal is exercised (Article 7) or a mandatory provision provides otherwise. The Publisher confirms the termination in the Service and on a durable medium (email), with the date on which the subscription ends (Article L215-1-1 of the French Consumer Code). On that date, the account reverts to the free plan, with no loss of content (Article 6.4).
6 ter.7. Change of plan or period. The customer may change Nawa plan or billing period from their Nawa space. The effective date and the amount to pay, or the resulting credit, are shown to them before they confirm the change.
Article 6 quater: Fair use of the Nawa plans
6 quater.1. Principle. The Nawa plans are designed for personal use, with no counter shown to the person. Each plan includes a fair use allowance, larger for Nawa Bavard, assessed per person and over time, never on a single exchange. It is measured from usage counters, without reading the content of the exchanges.
6 quater.2. What happens beyond it, in order. When a person's usage clearly and durably exceeds the allowance of their plan: 1. they are informed in Nawa, in plain terms; 2. they are offered, without obligation, to switch to Nawa Bavard (for the Nawa plan or a Duo place); 3. if usage remains durably beyond it, proportionate measures may apply, for example shorter or slower answers. The person is warned before a measure applies, and the measure ends when usage returns within the allowance.
6 quater.3. Guarantees. No fair use measure deletes content or loses what the person has said to Nawa, which remains kept. The person always keeps access to their memory: they can read, correct, export and erase it. The service is never cut off without the person having been warned.
6 quater.4. Abuse. Use unrelated to personal use is not fair use: automated exchanges, sharing one account between several people, resale, circumventing the measures of Article 6 quater.2. After a warning that has had no effect, the Publisher may limit the use concerned and then, if the abuse persists, terminate the contract under the conditions of the ToS. A breach of the security of the Service may justify an immediate protective measure, of which the person is informed without delay.
Article 6 quinquies: Read-aloud credits
6 quinquies.1. Purpose. Nawa can read aloud its answers and texts from the person's memory. This reading uses a reading credit bought in advance, except what the Pricing page states as included. Transcription of voice messages sent to Nawa is not concerned: it is included in every plan.
6 quinquies.2. Packs and prices. Credit is bought by pack, as a one-off purchase (no subscription, no renewal): 5 hours of reading for €14.90 including tax, 10 hours for €24.90 including tax, 20 hours for €39.90 including tax (prices in force on the date of these terms of sale, Article 2). One hour of reading is counted on the basis of about twenty characters read per second. The credit is attached to the account of the person who buys it; it is neither transferable nor convertible into money. The remaining balance is shown in the Nawa space. Packs are excluded from any promotion (Article 6 sexies).
6 quinquies.3. No reading without the person's action. Reading aloud is never enabled by default. No reading takes place, and no credit is used, without an action by the person: pressing "Lire" (Read), listening to a voice preview, or ticking automatic reading themselves, which they can untick at any time.
6 quinquies.4. Validity. Each pack is valid for twenty-four (24) months from its purchase. The oldest credit is used first. Credit not used at the end of its validity expires, without refund, except where the right of withdrawal is exercised or a mandatory provision provides otherwise. The credit remains usable during its validity, whatever the account's plan: the end or termination of a subscription does not lose the hours bought.
6 quinquies.5. Immediate performance and withdrawal. At purchase, the Publisher collects, through an unticked box, the consumer's express request that performance begin immediately, before the end of the withdrawal period, and their acknowledgement that they will lose their right of withdrawal once the credit has been entirely used (Article L221-28, 1°, of the French Consumer Code). The consumer may withdraw within fourteen (14) days of purchase (Article 7): they pay for the hours already listened to on the date of their decision and the rest is refunded to them, pro rata to the hours of the pack not listened to; the remaining credit ends. If the credit was entirely used before the end of the period, the right of withdrawal can no longer be exercised. If the express request was not collected, no sum is due.
Article 6 sexies: Promotions
6 sexies.1. First period only. A promotion on a Nawa subscription (for example a discount on an annual subscription) applies to the first billed period only. Renewal is at the plan's normal price, shown to the customer before subscribing and restated in the order summary.
6 sexies.2. Announcement and reference price. A promotion is announced with the plans and periods concerned, its period of validity and its conditions. Any announcement of a price reduction states the prior price charged by the Publisher, which is the lowest price charged to all consumers during the thirty (30) days preceding the application of the reduction (Article L112-1-1 of the French Consumer Code).
6 sexies.3. Other rules. A promotion applies only to orders placed during its period of validity and cannot be combined with any other offer or promotion. Read-aloud credits are excluded from any promotion. The right of withdrawal is unchanged: the proportionate sum of Article 7.4 is calculated on the amount actually paid.
6 sexies.4. Discount on the first year of the annual plans. During the announced period (start and end dates, Paris time, stated in the announcement), the Publisher may offer a 50% discount on the first annual invoice of the Nawa, Nawa Bavard and Nawa Duo annual subscriptions taken out during that period. The discount applies to that first invoice only: the subscription then renews automatically at the plan's normal annual price (on the date of these terms of sale: €99 including tax for Nawa, €249 including tax for Nawa Bavard, €169 including tax for Nawa Duo), unless terminated (Article 6 ter.6). The reference price announced is that of Article 6 sexies.2; Articles 6 sexies.1 and 6 sexies.3 apply.
Article 7: Consumer's right of withdrawal
This article applies to the consumer customer (a natural person not acting for professional purposes), for the subscription as for the purchase of a gift or of a read-aloud credit.
7.1. Principle. The consumer has fourteen (14) days to withdraw, without having to give reasons or bear any costs other than those provided by law (Articles L221-18 et seq. of the French Consumer Code). The period runs from the conclusion of the contract (subscription, purchase of the gift or of the reading credit). Since the Service is a service provided continuously over a period, this right exists: it is not set aside merely because the Service is digital.
7.2. Performance begun before the end of the period. Where performance is to begin immediately, the Publisher collects the consumer's express request to begin before the end of the withdrawal period (Article L221-25), through an unticked, time-stamped and retained box. As the same article provides, it also asks them to acknowledge that they will no longer have the right of withdrawal once the contract has been fully performed. Since the term of the subscription or gift cannot be fully performed before the end of the period (7.3), this acknowledgement does not make them lose any right during that period. For a read-aloud credit, which may be entirely used during the period, Article 6 quinquies.5 applies.
7.3. No loss of the right through full performance. Under Article L221-28, 1°, the right of withdrawal is lost only if the service is fully performed before the end of the 14-day period. The subscription and the offered duration of a gift cover a period of at least one month: they can never be fully performed within 14 days. The consumer therefore keeps the right of withdrawal throughout the period, even after performance has begun. The Publisher does not set against the consumer the loss of the right provided for digital content supplied without a tangible medium (L221-28, 13°): the Service is a continuous service. The read-aloud credit is an exception: its right of withdrawal ends once it has been entirely used (Article 6 quinquies.5).
7.4. Sum due on withdrawal after performance has begun. A consumer who withdraws after performance has begun at their express request (7.2) pays an amount proportionate to the service provided until the communication of their decision, calculated on the total price of the period or of the offered duration and to the day (Article L221-25); for a read-aloud credit, on the price of the pack, pro rata to the hours used (Article 6 quinquies.5). No sum is due if their express request was not collected or if the Publisher failed its duty to inform about the sum payable on withdrawal (Article L221-5, 9°). For a gift, see also 6 bis.7.
7.5. How to withdraw. By any unambiguous statement: the model form in the annex, an email to info@nawame.eu, or a letter to HTTP5000, 3 rue Passet, 69007 Lyon, before the period expires (sending before expiry is enough). The consumer may also withdraw online, throughout the period, using the "Se rétracter du contrat ici" button (withdraw from the contract here), which is directly accessible: for a Nawame subscription, from the Settings of the Nawame console and from the link in the confirmation email; for a Nawa subscription (Nawa, Nawa Bavard, Nawa Duo), from their Nawa space (page "Me rétracter de mon abonnement"); for a gift, from the gift page; for a read-aloud credit, from their Nawa space. For a Nawame subscription, they confirm their first and last name, the contract concerned and the email address at which to receive the acknowledgement, then submit using the "Confirmer la rétractation" button (confirm the withdrawal); for a Nawa subscription or a gift, they submit their declaration with the confirmation button that follows; the same applies to a reading credit. The Publisher acknowledges receipt without delay, on a durable medium, restating the content of the declaration and the date and time it was sent.
7.6. Refund. The Publisher refunds the consumer without undue delay and no later than fourteen (14) days from the day it is informed of their decision, using the same payment method, at no cost (Article L221-24), less, where applicable, the sum of 7.4.
7.7. Confirmation of the contract on a durable medium. The Publisher sends the consumer, by email, the confirmation of the contract with the pre-contractual information, the model withdrawal form and the confirmation of their express request and of their acknowledgement (7.2), at the latest before performance of the service begins (Article L221-13).
7.8. Professional customer. The professional customer does not benefit from the consumer's statutory withdrawal period (Article 3 bis.3). The rule of Article 6 bis.5 (refund of the unclaimed gift) remains applicable to them.
7.9. Effects of withdrawal. Withdrawal ends the subscription on the date it is received; no renewal takes place. For Nawa Duo, it ends both places; each person keeps their account and their memory. The account returns to its situation before the subscription: a complimentary or beta licence still running resumes until its original end date (Article 3 ter.4); otherwise, the account reverts to the free plan. No content is deleted.
Article 8: Refunds
Without prejudice to the refund of the unclaimed gift (Article 6 bis.5), to the consumer's right of withdrawal (Article 7) and to the pro rata rules of Articles 3 bis.5 and 6.3 bis, a second subscription paid twice for the same account or the same organization is terminated and its payments are refunded in full. Apart from the cases provided for by law or by these terms of sale, sums paid are not refunded; in particular, read-aloud credit not used at the end of its validity is not refunded (Article 6 quinquies.4).
Article 9: Availability and liability
The provisions of the Terms of Service relating to the availability of the Service ("as is", no SLA at launch, hosting by a third party) and to the limitation of liability apply to the paid contractual relationship, to the extent permitted by law.
Article 9 bis: Sovereign mode: limits known before subscribing
The Service offers, as an option, a sovereign mode in which the content of memories is encrypted with a key derived from the customer's passphrase alone. That mode is governed by Article 11 ter of the Terms of Service, which the customer is invited to read before subscribing.
The customer is informed, before subscribing, that enabling this mode durably restricts certain features of the plan they subscribe to:
- search no longer covers content: it is limited to the title and the tag filter, and returns no excerpt;
- sharing an encrypted memory with a team, engraving it as an authoritative reference and sending it to an organization are refused;
- under the self-hosted relay arrangement (offer B), replacing a specific passage of a memory, problem reports and product feedback are additionally unavailable;
- exports are delivered encrypted;
- should the passphrase be lost, the encrypted content becomes permanently unreadable, with no possible recovery by the Publisher.
These limits are inherent to sovereign mode and known to the customer at the time of subscribing. They constitute neither a lack of conformity nor a ground for a refund under Article 8. A customer who needs sharing, engraving or search over content may choose not to enable this mode, or disable it for future writes, it being understood that disabling it does not decrypt content already encrypted (Article 11 ter.11 of the Terms of Service).
Article 9 ter: Legal guarantees (consumer customer)
Convenience translation; the French box prevails.
The consumer is entitled to the legal guarantee of conformity if a lack of conformity appears during a period equal to the term of the subscription (current monthly or annual period and each renewal) from the supply of the digital content or digital service. During that period, the consumer only has to establish the existence of the lack of conformity, not the date it appeared.
The legal guarantee of conformity entails the obligation to supply all updates necessary to keep the digital content or digital service in conformity throughout the term of the subscription.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience to them.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if: (1) the professional refuses to bring it into conformity; (2) bringing it into conformity is unjustifiably delayed; (3) it cannot be brought into conformity without costs imposed on the consumer; (4) bringing it into conformity causes significant inconvenience to the consumer; (5) the lack of conformity persists despite the professional's unsuccessful attempt to remedy it.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request conformity first.
Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the remaining guarantee until the digital content or digital service is supplied in conformity again.
These rights result from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A professional who in bad faith obstructs the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be raised to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles them to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving it up.
To exercise these guarantees, the consumer writes to info@nawame.eu. The limits of sovereign mode described in Article 9 bis, known before subscribing, do not constitute a lack of conformity.
Article 10: Personal data
The processing of data in connection with the subscription, including the details of the customer organization (Article 3 bis.2), is governed by the privacy policy. Billing data is retained for the applicable legal period.
Article 11: Modification of the terms of sale and of the plans
The Publisher may amend these terms of sale and the Pricing page. Customers are notified of substantial changes. The conditions applicable to a current subscription are those in force at the time of its subscription or of its last renewal, subject to mandatory rules.
Version history.
- Version 1.4 of 20 October 2026. A new acceptance of the terms of sale is requested with each order (Article 4.1); no consent to the Terms of Service or the privacy policy is invalidated, no existing access is withdrawn and current subscriptions remain governed by the conditions of their subscription. Article 1: read-aloud credits. Article 2: dated restatement of the prices of the Nawa plans. Article 3: Nawa plans. Article 5.3: nothing is deleted on non-payment of a Nawa subscription. Article 6.3: termination of a Nawa subscription and confirmation on a durable medium. Article 6 bis rewritten: "Giving Nawa for a year", a one-off purchase of twelve months; the six- and nine-month gifts are withdrawn from sale. Article 6 ter added (Découverte, Nawa, Nawa Bavard and Nawa Duo plans; automatic renewal; termination at any time, access until the end of the paid period with no new charge; change of plan). Article 6 quater added (fair use). Article 6 quinquies added (read-aloud credits: packs, 24-month validity, no reading without the person's action, withdrawal). Article 6 sexies added (promotions: first period only, reference price, no combination; discount on the first year of the annual plans during an announced period; reading credits excluded). Articles 7 and 8 aligned.
- Version 1.3 of 16 October 2026. A new acceptance of the terms of sale is requested with each order, and the accepted version is recorded; no consent to the Terms of Service or the privacy policy is invalidated, and no existing access is withdrawn. Article 1: telephone. Article 3 bis added (Organization plan reserved for professional customers, users covered, pro rata for users, access to billing data). Article 3 ter added (free plan limits: 10 memories and 10 Methods; nothing is deleted beyond them; complimentary and beta licences kept). Article 4.1: acceptance of the terms of sale with each order. Article 5.1: all prices are stated inclusive of tax. Article 5.3: failed payment rule. Article 5.4: payment terms between professionals. Articles 6.2, 6.3, 6.3 bis, 6.4 and 6.5: renewal, online termination, change of billing period, effects, launch offers. Article 7.2: acknowledgement requested following the letter of Article L221-25. Article 7.5: online withdrawal from the Nawame console. Article 7.9: effects of withdrawal. Article 8: refunds. Article 9 ter: legal guarantees. Article 12: prior complaint and mediator.
- Information update of 6 October 2026 (version 1.2.4). The consent version remains 1.2: no consent invalidated. Article 7.5: the online withdrawal function (button “Se rétracter du contrat ici”) is described. Article 12: the contact details of the consumer mediator are reproduced. An update that describes a function more favourable to the consumer, without changing its commitments.
- Update of 5 October 2026 (version 1.2.3). The consent version remains 1.2: no consent invalidated. Article 4.3 added: subscribing and buying a gift are reserved for persons of full age.
- Correction of 5 October 2026 (version 1.2.2). Articles 7.2 and 7.7: no acknowledgement of loss of the right of withdrawal is requested, as the service cannot be fully performed within the period (7.3). A correction more favorable to the consumer; no consent invalidated.
- Information update of 5 October 2026 (version 1.2.1). The consent version remains 1.2: consents already given to the terms of sale remain valid, this update correcting in a direction more favorable to the consumer and describing a new offer without modifying current subscriptions. Article 7 recast: the fourteen-day right of withdrawal applies, without presuming that "digital" would exclude it; express request for performance, proportionate sum, explanation of why the right is not lost through full performance, confirmation on a durable medium, model form in the annex. Article 6 bis added (gift paid for another person: activation, automatic refund at 30 days, withdrawal, end of the offered right); concluding it requires the agreement specific to this feature (targeted "gift" consent, version 1.0). Articles 1, 4.2, 8 and 12 aligned.
- Version 1.2 of 15 September 2026: addition of Article 9 bis, which informs the customer, before subscribing, of the functional limits of sovereign mode (search, sharing, engraving, sending to an organization, limits specific to the self-hosted relay, encrypted exports, permanent unreadability should the passphrase be lost) and refers to Article 11 ter of the Terms of Service. Alignment on the common version label, raised to 1.2.
- Version 1.1 of 10 September 2026: update of these terms of sale and alignment on the version label common to all the legal documents (Terms of Service, Privacy Policy, Terms of Sale), so that a proof of consent designates a determined text in each language. The French and English versions bear the same version and the same date.
- Version 1.0 of 4 September 2026: initial version.
Article 12: Governing law and disputes
These terms of sale are governed by French law. In the event of a dispute, the customer first sends their complaint in writing to the Publisher (info@nawame.eu, or HTTP5000, 3 rue Passet, 69007 Lyon); an amicable solution is sought as a priority. In accordance with Articles L612-1 and L616-1 of the French Consumer Code (Code de la consommation), the consumer customer may resort free of charge to a consumer mediator with a view to the amicable resolution of the dispute. Where the Publisher has appointed a mediator, the mediator's contact details (name, postal address, website) are reproduced below and communicated to the consumer in the order process and in the confirmation email. A professional customer does not fall under consumer mediation (Article 3 bis.3). Failing an amicable resolution, the competent French courts are seized, in compliance with the rules protecting consumers.
Consumer mediator to which the Publisher is subject: ANM Consommation, 25 allée Rose Dieng Kuntz, 75019 Paris. Website and online referral: https://www.anm-conso.com/
Annex: model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To HTTP5000, 3 rue Passet, 69007 Lyon, info@nawame.eu:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Terms of Sale, version 1.4 of 20 October 2026.
This is an English translation for convenience; the French version prevails.