Terms and conditions of sale and service

1. Publisher and purpose

EasyConstat is a service published by PROBANTIA SAS, a French simplified joint-stock company with share capital of EUR 8,000, registered with the Grasse Trade and Companies Register under number 942 694 951, whose registered office is located at 535 route des Lucioles, Les Aqueducs B3, 06560 Valbonne Sophia Antipolis, France.

These terms and conditions of sale and service, hereinafter the “Terms”, govern the creation and use of an EasyConstat account, the purchase and use of credits, online evidence-report operations, evidentiary deposits of documents and associated features.

Contact: contact@probantia.com - +33 9 72 19 84 15.

2. Description of the services

EasyConstat provides, in particular:

• automatic capture of a web page or PDF document accessible online;
• operator-assisted capture, performed on the primary infrastructure or an additional capture node;
• generation of a report containing technical information, logs, digital fingerprints and captured material;
• electronic signature and timestamping of the report under the terms stated in that report;
• evidentiary deposit of a document, calculation of its digital fingerprints and production of a signed and timestamped certificate;
• verification and, at the user's express request, revocable publication of a capture.

The report describes the operations actually performed, the components used and the results obtained. The exact characteristics of a service are those displayed when it is requested.

3. Nature and evidential value

The service is intended to document the state of digital content at a given time and allow its integrity to be verified. It relies in particular on the technical steps described in the AFNOR NF Z67-147 standard and on electronic-signature and timestamping mechanisms.

The admissibility and evidential weight of a report or certificate remain subject to the sovereign assessment of the courts. PROBANTIA SAS does not guarantee the outcome of proceedings or the legal interpretation placed on the material produced.

4. User account

Users must provide a valid email address that they legitimately control. They are responsible for the accuracy of the information supplied, the confidentiality of their password and verification codes, and must promptly report any unauthorised use of their account.

The account is personal. PROBANTIA SAS may temporarily restrict access where justified by a security measure, suspected fraud, unlawful use or a serious breach of these Terms. Except in an emergency or where prohibited by law, the user will be informed of the reason and provided with a means of contacting support.

5. Credit orders, prices and payment

The unit price of one evidence-report credit is EUR 14.99 excluding tax, or EUR 17.99 including tax where French VAT at 20% applies. The final amount, taxes and quantity are summarised before payment and on the Stripe Checkout page.

Payments are processed by Stripe. EasyConstat neither receives nor stores complete payment-card details. A paid invoice issued by PROBANTIA SAS is made available and sent after payment confirmation.

Unless stated otherwise before the order, a completed report consumes one credit. No credit is consumed where a technical failure definitively prevents production of the report; the request is then resumed or the credit restored. Evidentiary deposits are charged at the price displayed in the relevant process before confirmation.

6. Placing an order

Before paying, users can verify the quantity, price excluding tax, taxes and total amount. Validation using the button labelled “Order with obligation to pay” constitutes a firm order and an obligation to pay.

An order becomes final only after confirmation by Stripe. An electronic acknowledgement of receipt and the corresponding invoice are then sent to the user. The accepted version of the Terms, its date and its digital fingerprint are retained as evidence of the contract.

7. Consumers' right of withdrawal

Consumers have fourteen days from purchase to withdraw in respect of unused credits, without having to give a reason. This right may be exercised using the online withdrawal form or by any unambiguous statement sent to PROBANTIA SAS.

Where consumers request that a report or deposit begin before this period expires, they must expressly request immediate performance. They acknowledge that they will lose their right of withdrawal for the relevant credit once the service has been fully performed and the report or certificate made available.

If a consumer withdraws after performance has begun but before it is complete, the financial consequences are determined in accordance with the applicable provisions of the French Consumer Code. No credit is considered used where the service fails definitively for a technical reason attributable to the service.

Any refund due will be made within no more than fourteen days after receipt of the request, using the same means of payment unless another method is expressly agreed.

Business users benefit from withdrawal rules only where the law makes those rules applicable to their circumstances.

8. Evidence-report requests

Users must provide an exact URL and, for the operator-assisted channel, sufficiently precise instructions. They are responsible for checking that the request meets their needs before confirming it.

The automatic channel is intended for directly accessible and technically compatible pages. Social networks, dynamic pages, content requiring authentication or bot protection may require the operator-assisted channel. If automatic processing fails, EasyConstat may offer or perform an operator-assisted retry without consuming an additional credit.

Content display depends on the target website, browser, availability of remote resources and protections implemented by third parties. PROBANTIA SAS is subject to a reasonable-efforts obligation and cannot guarantee the capture of all content accessible on the Internet.

9. Evidentiary deposits

An evidentiary deposit consists of receiving a document, calculating its cryptographic fingerprints and producing a signed and timestamped certificate that establishes the existence and integrity of the deposited file at a given time.

A deposit does not involve any verification of ownership of rights, lawfulness, originality or authorship. Users retain the original file and the material required to explain its creation context. They warrant that they are authorised to transmit and retain the document concerned.

Format and size limits are displayed before upload. A deposit is complete only once the corresponding certificate has been issued.

10. Publication of a capture

A capture is private by default. Users may request publication through a permanent link and may revoke that publication from their dashboard.

Users are solely responsible for their decision to publish and must ensure that publication does not infringe third-party rights, secrecy, privacy or a confidentiality obligation. PROBANTIA SAS may disable a public link in the event of manifestly unlawful content, a sufficiently substantiated complaint, a security risk or a legal obligation.

11. User obligations

Users must not use the service to gain fraudulent access to a system, unlawfully circumvent a security measure, collect data without authorisation, publish unlawful content or infringe third-party rights. They must provide only credentials and data that are strictly necessary for the service and warrant that they are authorised to use them.

Users are responsible for downloading deliverables, checking their readability and retaining their own copies in an environment suited to their evidential requirements.

12. Retention and delivery of deliverables

The direct link sent after a report is temporary. Evidence archives remain accessible from the dashboard for 3 years from their creation. Evidentiary-deposit documents and certificates are retained for 5 years, unless a different period is announced before the deposit.

Files may be deleted after these periods. Identifiers, cryptographic fingerprints and events strictly necessary for verification or the defence of legal rights may be retained in minimised or anonymised form.

13. Availability and liability

PROBANTIA SAS implements reasonable measures to ensure service availability and security. Interruptions may result from maintenance, an incident, a security update or the failure of a provider or third-party website.

Where a service cannot be completed, PROBANTIA SAS will prioritise resuming the request, restoring the credit or, where due, issuing a refund. Nothing in these Terms limits mandatory consumer rights or any liability that cannot lawfully be excluded.

14. Personal data

The processing of personal data is described in the privacy policy. Users who transmit third-party data must ensure that they have a lawful basis for doing so and limit the data to what is necessary for the service.

15. Complaints and mediation

Any complaint must first be sent to PROBANTIA SAS using the contact form, by email to contact@probantia.com or by post to its registered office.

After a prior written complaint that has not resulted in a satisfactory solution, consumers may refer the matter free of charge to the mediator appointed by PROBANTIA SAS:

CNPM Médiation Consommation
27 avenue de la Libération, 42400 Saint-Chamond, France
www.cnpm-mediation-consommation.eu

16. Governing law and disputes

These Terms are governed by French law. Consumers also benefit from any mandatory provisions applicable in their country of residence.

Failing an amicable settlement or mediation, disputes fall within the jurisdiction of the courts designated by the applicable rules of jurisdiction. Between business users, and subject to applicable mandatory rules, jurisdiction is granted to the courts having territorial jurisdiction over the registered office of PROBANTIA SAS.

17. Changes to and evidence of the Terms

The applicable version is the one accepted at the time of the relevant order or request. Users will be informed of material changes before they take effect where they affect an ongoing service.

Electronic records retained by PROBANTIA SAS, including the version and digital fingerprint of the Terms, acceptance date, order and processing events, may be used to establish the operations performed, without depriving users of the right to produce evidence to the contrary.