General Conditions of Use and Sale

Last update: June 2021

Preamble

Welcome to e-signum, a web application that aims to facilitate the stamping and numbering of exhibits for communication to third parties (lawyers, courts, etc.).

The present general conditions of use and sale define the terms of access to the website https://e-signum.fr (hereinafter “the Site“) and to the web application https://app.e-signum.fr (hereinafter “the Application“). We invite you to read them carefully and regularly.

The e-signum trademark, the Site and the Application belong to and are managed by e-signum, a simplified joint stock company (SAS) with a capital of 3,000.00 euros having its registered office at 97 avenue Roger Salengro – C6 étage 02 – 92290 Châtenay-Malabry – France, registered with the Nanterre Trade and Companies Register (RCS) under number 877 825 414 (hereinafter the “Company“).

Definitions

Application: means the web application accessible at https://app.e-signum.fr and all its sub-domains.

General conditions: refers to these general conditions of use and sale.

Account: means the virtual space assigned to each User when registering to use the Application.

Case File: designates together i) the Exhibits stamped and numbered by the Application, as well as ii) the list of Exhibits generated by the Application.

Co-Users: means trainees, employees, associates and partners attached to the same practice structure as the User.

Exhibits: means the documents uploaded to the Application.

Site: means the website accessible at the address https://e-signum.fr and all its sub-domains, with the exception of https://app.e-signum.fr.

Stripe: means the Company’s partner specialized in online payments, whose website is accessible at the following address: https://stripe.com/fr.

User: means a Visitor who has created an Account and who can access and use the Application.

Visitor: designates an Internet user who visits the Website.

Purpose and scope

The General conditions define the terms and conditions under which the Company offers access to the Site and the Application, including the reciprocal obligations between the Company, the Users and the Co-Users.

They are applicable for the entire duration of navigation and use of the Site and/or the Application.

By accessing and/or using the Site or the Application, you declare that you have read, understood and accepted the General conditions. In case of disagreement with all or part of the General conditions, you may not validly access or use the Site or the Application, create an Account, subscribe to a Premium subscription or to a “pay-as-you-use” offer.

Conditions of access to the Site

Access to the Site is free and does not require the prior creation of an Account.

Conditions of access to the Application

Access to and use of the Application are reserved to Account holders only.

The Account must be created by following a registration procedure via the “Register” link on the Application’s home page.

When registering, the Visitor undertakes to:

  1. Transmit complete, accurate and up-to-date information via the registration form, as well as a valid email address that he or she has full access to,
  2. Keep the strictly personal character of his/her identifiers, composed of his/her email address and password, as well as the use of his Account,
  3. Immediately inform the Company of any use of his/her Account by another person and/or any breach of confidentiality of his/her identifiers,
  4. Have full legal capacity to use the Application,
  5. Comply with the General conditions,
  6. Use the Application only for purposes falling within the scope of its commercial, industrial, craft, liberal or agricultural activity and only for lawful purposes and in compliance with its legal, regulatory and ethical obligations,
  7. Keep at its expense the telecommunication and Internet access costs necessary for the use of the Application.

Undertakings (2.) and (3.) do not prohibit the sharing of Account identifiers with one or more Co-Users under the conditions set out below in the event of subscription to a “Firm” licence. In this case, it is recommended to use a generic e-mail address of the practice structure to which the Visitor belongs when subscribing.

In addition, when registering, the Visitor authorizes the Company to send him/her, at the e-mail address he/she has provided, communications relating to the Site, the Application, the management of his/her Account and the individual offers and/or Premium Subscription to which he/she may subscribe.

Once the form has been completed and validated, the registration must be validated by the Visitor by following a link that will be sent to the e-mail address that he will have provided in the registration form.

Once the registration has been validated, the User may access and use the Application.

Cookies

General

For the purposes of improving the browsing experience, as well as statistical analysis and audience measurement, the Site and the Application may store cookies.

These are text files generated by the Site or the Application and transmitted to the Visitor’s or User’s browser. The browser may keep these files and return them to the Site or the Application each time the Visitor or User accesses it.

When first connecting to the Site or the Application, the Visitor is invited to accept or refuse the registration of cookies.

At any time, the Visitor or the User may block, modify the storage duration, or delete cookies via the settings of his browser. For more information on the settings of his browser, the Visitor and the User are invited to consult the following page developed by the Commission Nationale de l’Informatique et des Libertés (CNIL): https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

In any event and in accordance with the recommendations of the CNIL, cookies and consent for their registration are kept for a limited period of time that may not exceed thirteen (13) months.

Site Cookies

The Site may record three (3) types of cookies.

First of all, technical cookies, which aim to improve the browsing experience. These cookies are precisely the following:

Name Lifetime Function
SERVERID585 End of session This cookie is imposed by the host, it ensures that Visitors are redirected each time to the correct server hosting this site.
wordpress_test_cookie End of session Used to check whether the web browser is configured to allow or refuse cookies.

Then a cookie for statistical analysis and audience measurement. This cookie aims to obtain information about the frequentation of the Site and to analyze traffic data. These statistics of frequentation make it possible in particular to identify possible difficulties of navigation, with a view to developing optimization solutions. It is precisely the following cookie:

Name Lifetime Function
 _ga, _gid 13 months Evaluation of site usage.

Lastly, the articles or pages of the Site may contain content integrated from other websites, such as videos, images, articles, etc. These integrated contents may interact with the Visitor in the same way as if the Visitor were visiting the sites from which they originate. Thus, if the Visitor has an account connected to these websites, the latter may collect certain personal data, use cookies, embed third-party tracking tools, and monitor the Visitor’s interactions with the content embedded on the Site.

Application cookies

The Application stores cookies to facilitate credit card payment by Stripe, as well as to enhance payment security.

Features offered by the Application

The Application is accessible from an up-to-date browser (Google Chrome, Mozilla Firefox, Opera and Safari) with a device with internet access (computer, tablet, phone, etc.).

It mainly allows Users to:

  • Customize and generate a digital stamp on the model of a lawyer’s stamp,
  • Upload documents (not protected against modification or by a password) in PDF, PDF/A, JPG, JPEG or PNG format (the Exhibits) and order them manually,
  • Automatically affix the stamp generated beforehand and the numbering to these documents,
  • Download all thus modified documents (the Exhibits) as a single PDF file with each Exhibit identified by a bookmark or as an Exhibit by PDF file, as well as a list of the exhibits in Word or PDF format (together constituting a Case File).

A User may not, without a Premium subscription or without having subscribed to “pay-as-you-use” offers:

  • • create more than two (2) Case Files,
    • generate a stamp without the “e-signum” watermark.

Premium subscription

The User can subscribe, via his/her Account, to a monthly Premium subscription.

The Premium subscription includes, at the User’s option, the “Individual” licence or the “Firm” licence.

“Individual” licence

The “Individual” licence is strictly attached to a single Account and a single User, with no possibility of loan, cession or transfer.

The “Individual” licence allows, as long as it is active, the User to :

  • Generate as many Case Files as he or she wishes during a month, within the sole limit of what a human being can legitimately and reasonably do manually with a conventional device, it being specified that if more than one thousand (1,000) Files are generated per month, the Company may carry out investigations to ensure compliance with this limitation,
  • Generate and/or download a stamp without the “e-signum” watermark.

The possibility of modifying once the stamp attached to his/her Account is offered to the User when he/she first subscribes to the “Individual” licence. An additional modification can be acquired by the User during the licence period by subscribing to the “1 stamp” pay-as-you-use offer described below.

The “Individual” licence costs 9.90 euros HT excl. VAT (nine euros ninety cents), i.e. 11.88 euros including VAT (eleven euros ninety-eight cents), per month of use. It is payable by credit card only. The price of the subscription may be modified in the event of a change in the General conditions, which will then be notified and must be accepted by the User in accordance with the terms and conditions set forth below (see below, “Modification of the Site, the Application and the General conditions“).

“Firm” licence

The “Firm” licence is strictly attached to a single Account and a single User, with no possibility of loan, cession or transfer.

It allows the User, under his responsibility, to share access and use of his/her Account with Co-Users. The obligations set out in the General Conditions for the Visitor and/or the User are transposable to each Co-User. Thus, the User is responsible for the knowledge, adherence and respect by each Co-User of the General Conditions.

The “Firm” licence allows, as long as it is active, the User and/or the Co-User to:

  • Generate as many Case Files as he or she wishes during a month, within the sole limit of what a human being can legitimately and reasonably do manually with a conventional device, it being specified that if more than one thousand (1,000) Files are generated per month, the Company may carry out investigations to ensure compliance with this limitation,
  • Generate a library of stamps, which the User can keep and, according to his/her choice, affix to exhibits and/or download without the “e-signum” watermark. When subscribing to the “Firm” licence, the library includes two stamps. This number can be increased by the User, without exceeding twenty (20), by subscribing to the “1 stamp” pay-as-you-use offer described below.

The “Firm” licence costs 19,90 euros HT excl. VAT (nineteen euros ninety cents), i.e. 23.88 euros including VAT (twenty-three euros eighty-eight cents), per month of use. It is payable by credit card only. The price of the subscription may be modified in the event of a change in the General conditions, which will then be notified and must be accepted by the User in accordance with the terms and conditions set forth below (see below, “Modification of the Site, the Application and the General conditions“).

Duration, renewal and invoicing conditions

The Premium Membership (“Invididual” or “Firm” licence) is valid for periods of thirty (30) days from the first day of the subscription.

It is renewable by tacit agreement.

Thus, on the first day of the subscription, Stripe shall issue an invoice for zero euros (0.00). Thereafter, at the end of each thirty (30) day period, the amount of the Premium subscription shall be debited from the credit card provided by the User only if the User has used the Application since the previous due date (or since the start of the subscription for the first month of the subscription).

In the event of a change of licence, the old licence will end immediately. If the change occurs during a period of thirty days during which the Application will have been used, the amount corresponding to the price of this old licence in proportion to the days elapsed of the period which was in progress will be debited from the bank card indicated by the User. A new period of thirty days will start from the change.

Stripe shall issue an invoice for each payment. This invoice shall be sent to the User at the e-mail address provided when the User’s Account was created.

If the User does not use the Application, i.e. precisely if no Case File is generated during one of these thirty (30) day periods, the User shall not be debited with the monthly Premium subscription fee. However, the Account will not be deleted.

When subscribing to the Premium Membership, the User:

  • Expressly renounces the exercise of his right of retraction, so that the Premium subscription takes effect immediately,
  • Guarantees that he or she is fully authorized to use the credit card for the payment of his or her subscription and that this means of payment is valid and legally gives access to sufficient funds to cover the monthly amount (including tax) of the Premium subscription,
  • Authorizes the Company to transmit its bank details to its partner Stripe,
  • Authorises the Company and Stripe to deduct the monthly amount (including VAT) of the Premium subscription at the end of each of the thirty (30) day periods referred to above.

Transitional provisions

Subscribers who have modified the stamp attached to their Account before the 28 June 2021 update and who subscribe to the “Firm” licence will have all their creations conserved and automatically available in their library.

“Pay-as-you-use offers”

The User may subscribe, from his Account, to one or more “pay-as-you-use” offers.

“Pay-as-you-use” offers are strictly attached to a single Account and a single User, without the possibility of assignment or transfer.

They are the following offers:

  • The “1 Case File” offer allows the User to generate one (1) Case File in addition to the limit of two (2) Case Files in the absence of a valid Premium subscription. This offer costs 0.99 euros excl. VAT (ninety-nine cents).
  • • The “5 Case Files” offer allows the User to generate five (5) Case Files in addition to the limit of two (2) Case Files provided in the absence of a valid Premium subscription. This offer costs 3.99 euros excl. VAT (three euros and ninety-nine cents).
  • The “1 Stamp” offer allows the User to make one (1) modification to the stamp generated by the User or, if the User has subscribed to the “Firm” licence, to add a stamp to his/her stamp library. The “e-signum” watermark does not appear on the modified stamp, which can be freely downloaded by the User. This offer costs 2.99 euros excl. VAT (two euros and ninety-nine cents).

“Pay-as-you-use” offers are payable by credit card only. Each payment will give rise to an invoice by Stripe. This invoice will be sent to the User at the e-mail address he will have provided when creating his Account.

When subscribing to a “pay-as-you-use” offer, the User:

  • Expressly renounces the exercise of his right of retraction, so that the “pay-as-you-use” offer takes effect immediately,
  • Guarantees that it is fully authorized to use the bank card for the payment of the unit offer and that this means of payment is valid and legally gives access to sufficient funds to cover the amount (including taxes) of the “pay-as-you-use” offer,
  • Authorizes the Company to transmit its bank details to its partner Stripe,
  • Authorizes the Company and Stripe to deduct the amount, including VAT, from the “pay-as-you-use” offer.

Termination of Subscription and Account

The User may freely, without justification and at any time, request the termination of his Premium subscription or his/her Account. Termination of the subscription will result in the deletion of his/her Account and the benefit of any “pay-as-you-use” offers that may have been subscribed to.

Termination can be requested from the User’s profile page or by e-mail at contact@e-signum.fr.

Termination takes effect within five (5) working days of the request if it is made by e-mail, or immediately through the profile.

In addition, the User’s failure to comply with the obligations set forth in the General conditions may result in the temporary suspension or even termination without notice of his Account by the Company. This includes, in particular, the following hypotheses:

  • Delivery of false information when creating the Account,
  • Failure to pay the monthly amount of the Premium Membership,
  • Use of a fraudulent means of payment,
  • Sharing an Account and/or a Premium Membership between several people,
  • Any attempt to intrude, infringe the integrity or counterfeit the Site or the Application.

Termination, whether requested by the User or unilaterally decided by the Company, will not give rise to any reimbursement of the sums paid by the User. The amount of the monthly subscription will remain due for the thirty (30) day period during which the termination takes effect.

Inactive Account

Any Account that is inactive for a period of twelve (12) months may be deleted.

Any Account that is inactive for a period of five (5) years will be automatically deleted.

Limitation of liabiliy

Access to the Site and to the Application

The Site and the Application are normally accessible by the User 24 hours a day, 7 days a week and all year round.

However, although the Company makes every effort to ensure the permanence of the service, it is possible that the service may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Site and/or the Application unavailable in order to carry out any update, improvement or maintenance operation.

Being by its activity subject to an obligation of means, the Company may not be held liable for any physical, material or moral prejudice caused by the unavailability of the Site and/or the Application.

Communication of exhibits

The Application aims in particular to help Users to prepare communications of exhibits in accordance with the legal, regulatory and ethical obligations incumbent on lawyers registered with a French Bar Association, including the provisions of:

  • Article 5.5 of the National Internal Regulations of the legal profession (RIN), which provides that the exhibits must be “numbered, bear the lawyer’s stamp and be accompanied by a list of the exhibits dated and signed by the lawyer“,
  • Article R. 414-3 of the Code of Administrative Justice (CJA)  in its version resulting from decree no. 2019-82 of February 7, 2019 applicable until December 31, 2020, which provided that, on penalty of inadmissibility of the motion, the exhibits attached thereto had to, when they were transmitted in the form of a single file, each be “listed by a bookmark designating it in accordance with the inventory” drawn up of them,
  • Article R. 414-5 of the Code of administrative justice in its version resulting from decree no. 2020-1245 of October 9, 2020 which came into force on January 1, 2021, which provides that “the claimant shall transmit each exhibit in a separate file, on penalty of inadmissibility of the motion“, it being specified that each of these files must “bear a title beginning with the serial number assigned to the exhibits it contains by the list of the exhibits“.

Nevertheless, the User remains solely responsible for the control and validity of the communication of all or part of a Case File to a third party (jurisdiction, opposing party, etc.).

The Company may not be held liable for any loss suffered by a User as a result of the communication of all or part of a Case File that is deemed to be irregular.

Personal data

Registration on the Application entails the processing of certain User’s personal data. If the User refuses the processing of his data, he/she may not validly access the Application.

The processing of personal data is carried out in accordance with the provisions of the General Regulations on Data Protection (RGPD) No. 2016/679 of April 27, 2016.

The Company only keeps on its servers the following data for each Account:

  • The surnames and first names entered by the User,
  • The e-mail address provided by the User,
  • The password provided by the User (encrypted in accordance with the latest security standards),
  • The different stamps generated by the User (in image format) and the text on the last stamp generated by the User,
  • Statistical data on the number of modifications made to the stamp, Case Files created and pages stamped with the Application,
  • The dates and times of registration, of each modification made to the stamp and of each Case File created by the User.

Stripe keeps the User’s bank details and related invoices if the User has subscribed to a Premium subscription and/or one or more “pay-as-you-use” offers.

Lastly, the validation of a contact form with the Site or the Application does not lead to the recording of any data on the Company’s servers. By contrast, the surnames, first names, e-mail address of the Visitor or User, as well as the mentions entered in the contact form, are transmitted and stored on the Company’s e-mail system, for the sole purpose of responding to the complaint.

At any time, the User has access to all the data associated with his or her Account via its home page.

In addition, in accordance with the French Data Protection Act of January 6, 1978, the Visitor and the User have, at any time, the right to question, access, correct, modify and oppose all of their personal data by using the contact form accessible via the home page of the Site or by sending an email to rgpd@e-signum.fr.

In the event of deletion or termination of an Account, all of the data referred to above is definitively deleted, with the sole exception of invoices. In accordance with the law, these invoices are kept by Stripe for a period of ten (10) years from the end of the fiscal year in which they were issued.

Confidentiality of Exhibits and Case Files

The Company undertakes to strictly respect the confidentiality of the Documents transmitted by the User and the Files generated with the Application.

Thus, the Parts are stored on the Company’s servers on temporary files, and this only for the strict runtime of the Application script (i.e. precisely for the duration necessary for the ordering, stamping, numbering and merging of the Exhibits by the Application).

The Case File is accessible only by the User and may be encrypted at his request by means of a password that will be sent to him/her by e-mail and to which he alone will have access. Each Folder is stored on the Company’s servers until it is downloaded by the User and, at most, for ten (10) minutes. The Folder is then definitively deleted.

The Company undertakes, more generally, to comply with the latest standards in terms of computer security.

Changes to the Site, the Application and the Terms and Conditions

The Company reserves the right to modify the Site, the Application, the General conditions, as well as any component of the services it provides through them.

The main version notes of the Application will be regularly published on the Site.

In the event of significant changes to the General conditions, these will be notified to the User at the e-mail address provided when creating his Account. In addition, the User will be invited to accept or refuse the new General conditions when logging on to the Application for the first time following their publication. Any User who refuses the new General Terms and Conditions will have his or her subscription terminated at the end of its term, without tacit renewal, and his or her Account will be deleted.

Severability of clauses

The nullity, lapse, lack of binding force or unenforceability of one of the provisions of the General Conditions shall not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions, which shall retain all their effects.

Complaint

Any complaint, in particular concerning the Application, may be addressed at the choice of the Visitor or the User by:

  • the contact form accessible via the home page of the Site,
  • email to contact@e-signum.fr,
  • registered letter with acknowledgement of receipt to the Company’s registered office located at 97 avenue Roger Salengro – C6 étage 02 – 92290 Châtenay-Malabry – France.

The Company will endeavor to respond as soon as possible and no later than fifteen (15) working days from receipt of the complaint.

Applicable law and jurisdiction clause

The General conditions are governed by French law.

Except in the event of application of a mandatory law (which will apply only to the strict extent of its purpose), it is expressly stipulated that in the event of a dispute relating to the interpretation, validity and consequences of the General conditions, and in the absence of a prior amicable solution, the courts of Nanterre shall have sole jurisdiction.