General Terms and Conditions of Use, latest version dated 05/05/2022
A PDF and an electronically signed version of these terms and conditions are available by clicking here.
The present General Terms and Conditions of Use (GTCU) are drafted by DATASURE, located at 8 rue Alfred Maurel 34120 Pézenas (France), a limited liability company with a capital of €10,000 registered with the Béziers Trade and Companies Register under the number 904666203;
These terms and conditions are intended to be accepted without reservation by any individual or legal entity wishing to benefit from the services of the Copyright.eu platform, regardless of their status, hereinafter referred to as “the Client”.
These General Terms and Conditions of Use define the services that DATASURE provides to the Client within the framework of its Copyright.eu service (hereinafter referred to as “the Service”) and the way the Client agrees to use them. These GENERAL TERMS AND CONDITIONS, together with the General Terms and Conditions of Sale and any Special Terms and Conditions of Sale, form the entirety of the provisions deemed to have been included in the contractual field when using the services concerned.
Copyright.eu: Refers to the name given to DATASURE’s website on which the services concerned by the present document are offered (accessible via the URL https://www.copyright.eu). This site may be named in different ways, in particular, “The platform” or “Copyright.eu”.
Deposit: Refers to the Copyright.eu service consisting of saving files or images given by the Client and creating an Anteriority Certificate for said files or images.
Anteriority certificate: electronic document in pdf format which is computer generated and delivered by DATASURE to the Client and on which technical operations (cf. Time stamping) and administrative operations (addition of mentions such as title, description, declared author) are recorded. The certificate contains the digital fingerprint of the files (cf. Files) transmitted by the Client to establish their existence on a certain date. DATASURE ensures the backup and archiving of the anteriority certificates it issues with no time limit. Each certificate has a unique number which identifies it, the ” Anteriority Certificate Number ” which is neither the unique digital fingerprint of the files, nor the technical reference.
Time stamping: DATASURE uses qualified electronic time stamping within the meaning of Regulation (EU) 910/2014 of 23 July 2014 to seal the certificates it issues. To do so, it uses a service provider registered on the eIDAS European Trusted List. Time stamping is implemented within the framework of the DATASURE server seal, issued by the same provider. Each anteriority certificate is also time-stamped at the same time as the embedded time stamp. In parallel to this electronic timestamping, a timestamping of the anteriority certificate is carried out in 3 different blockchains, in addition to the archiving of the certificate within the Arkhinéo electronic archiving service.
Technical reference: This is a unique and random sequence of numbers and letters allowing DATASURE to identify the operations carried out on the Copyright.eu platform. It is not the unique fingerprint of the files.
Files: These are the files deposited by the client and for which DATASURE ensures the backup. These files can be of any type of digital format, including images. DATASURE does not verify the content of the files, except in the case of technical or legal necessity.
Hot-Backup: This is the operation consisting of keeping one or more of the Files transmitted by the Client within the framework of the deposit service, in parallel with the certificate of anteriority, by leaving them at the immediate disposal of the Client via the “List of completed deposits” in the corresponding deposit. This backup is limited to 5 years.
Cold backup (or “Archiving”): This involves the storage outside the platform, not accessible by the Client, of files deposited when their deposit exceeds 5 years. DATASURE has only a best-effort obligation as regards the conservation of these files beyond this period, and in principle archives them without time limit. Their recovery at the client’s request is a manual operation to be solicited directly from DATASURE and is invoiced.
Authenticity verification: DATASURE offers to any person, whether a client or not, the possibility of verifying the authenticity of a certificate produced by its Copyright.eu service. To do so, the Copyright.info website allows verifying with an IPSO number the existence of the certificates concerned in the register and of several of the elements linked to them (unique fingerprints, timestamp, name, and number of the deposit…).
Copyright.info Registry: the website made available by DATASURE to publicly verify the authentication of the anteriority certificates that it issues in the context of the present Copyright.eu service.
Deposit or transmission to a bailiff’s office: All mentions relating to the transmission or deposit in a bailiff’s office concerning the deposit service are subject to the present definition. It is a mandate given by the client to DATASURE, to have a bailiff (chosen exclusively by DATASURE) draw up a statement of deposit (cf. definition Statement of deposit) regarding the Copyright.eu deposit that the client makes or has made. The requisition is made in the name and on behalf of DATASURE, in the interest of its client. A copy of the files is then transmitted electronically to the office, which retains them for 25 years per the law. DATASURE then transmits a copy of the report to its client and asks the Bailiff to send a paper copy by mail to the billing address of DATASURE’s client.
Bailiff, bailiff’s services, bailiff’s office: Bailiff means the partner chosen by DATASURE who carries out the operations concerned. The choice of the Bailiff is not left to the discretion of the Client. The selected Bailiff is a public and ministerial officer practising in France.
Statement of deposit (or report): this is the deed carried out by a Bailiff, having the effect of recording the reality of a deposit in his office and the conservation by him of all these elements (report and files) in the minutes for 25 years under the law.
Depositor: this is any person who has carried out the filing operation up to its final validation, which has the effect of confirming any backup and launching the creation of the certificate of anteriority. The applicant is in principle the Client.
Author: this refers to the author who was declared by the Depositor at the time of a deposit. This declaration is the sole responsibility of the Depositor and at no time does DATASURE control this declaration or its validity.
The principal language of the service is French, as are all present and future contractual relations between the parties, subject to the applicable GTCS and any other specific agreement made by DATASURE.
To offer its service to a European public, the service is also delivered in English, but no guarantee is given concerning the resulting translation. Only the French version is authentic.
- ACCESS TO SERVICES AND THE COPYRIGHT.EU PLATFORM
Access to the platform is reserved for Internet users who have registered to obtain an account on the platform, whether this registration is carried out before any order, or at the time of the order.
The access is made by the e-mail and the password given at the time of its registration; the user must change its password regularly. The account remains under the sole responsibility of the Customer. Knowledge of the e-mail (or self-generated identifier) and password allows access to the platform and the associated services. By using the services, the Client undertakes to ensure the confidentiality of his login/e-mail and password. Under no circumstances may DATASURE be held liable for any reason whatsoever in the event of unauthorised access to an account with the login details that are the sole responsibility of the client.
The client hereby undertakes to never communicate any of the elements relating to the platform to which he has access to anyone without the express authorisation of DATASURE. This applies to the organisation of the services, their operation, design, source code and any other element, the list being non-exhaustive. The client shall give the same undertaking to any person to whom he/she demonstrates the use of the platform and to those he/she may delegate a deposit.
The customer undertakes to never attempt to misuse the system or to make illicit use of it, nor to attempt to access any page or content to which he/she would not have normal access as provided for by the platform. By using the services, the client undertakes never to deliberately infringe the rights of third parties, in particular intellectual property rights.
DATASURE retains all the rights which it possesses over the platform and consents only to a right of use granted to its client benefiting from the services. DATASURE reserves the right to suspend without notice any access which violates these general conditions of use.
- THE DEPOSIT SERVICE
The main service offered by the platform is the creation of certificates of anteriority using a computer system, making it possible to prove the anteriority and integrity of the files deposited by the client This is achieved by calculating the unique digital fingerprint of each file deposited on the platform (using the SHA-256 hash algorithm). These data are included in the accompanying certificates and these certificates are sealed with a qualified electronic time stamp (see Regulation(EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services). The certificates are also sent to the bailiff’s office if the corresponding offer is selected by the Client (cf. statement of deposit).
Anteriority certificates are kept by DATASURE for an unlimited period. They are electronically archived in an electronic archiving system with probative value (SAE) implemented by Arkhinéo following the strictest rules of the art.
At the time of the deposit of a file on the platform, the client guarantees to own all the rights or authorisations linked to the files concerned and to the immaterial creations of which these files are eventually the carrier.
Each file submission is subject to a backup. At the time of each deposit, the client acknowledges that he/she gives his/her consent for the files or images to be stored, saved, manipulated, and copied by DATASURE under the following conditions. The client also undertakes to use the services in compliance with the General Data Protection Regulation (GDPR).
The files are stored by DATASURE for an unlimited period from the date of the backup. At any time, it is possible to request DATASURE to obtain a copy, provided that the file concerned is still in DATASURE’s possession. However, when the client’s account is active and the client can therefore recover his/her files from the platform, he/she must carry out the operation himself/herself first. DATASURE will refuse to carry out manual file recovery operations as soon as the files are effectively accessible to the client in his/her account (“List of completed deposits”), which the client expressly accepts.
In any case, a customer can always request the deletion of one or more files if he/she is the depositor. In all cases, a form indicating the technical references of the deposits must be requested from DATASURE and returned signed, and the operation will then be carried out within a reasonable period. If a third party considers himself to be the victim of infringement by a depositor who has deposited the Copyright.eu platform, he/she shall be entitled to request the deletion of the files concerned from DATASURE if he/she has a final court decision recognising the infringement, or of any other document having the same effect and subject to DATASURE’s discretion. The client expressly accepts that, in such a case, all his/her files and certificates concerned may be deleted without notice, notwithstanding any proceedings that DATASURE may undertake against him/her for improper use of the present services.
DATASURE undertakes to do everything in its power to back up the file(s) in sufficient security and confidentiality conditions regarding standard personal or professional files. The files are backed up via an infrastructure hosted exclusively in France, via the French cloud provider OVH. Each file is encrypted. When data is transferred to the cloud and between data centres, it is systematically protected by TLS (Transport Layer Security) encryption. When data allowing access to files is transferred to external systems used by DATASURE, such as its customer management software (CRM), it implements specific encryption via its encryption keys, which are generated via the Hardware Security Module (HSM) and are not kept by the third-party service provider beyond the cache system necessary for the functioning of the software.
The Customer shall not upload files or images in violation of any third-party rights whatsoever, nor shall the Customer upload sensitive files or images which the law or regulations do not allow to be hosted under the conditions provided for herein. In any case and regardless of the type of file, DATASURE has only an obligation of means in the backup of files communicated to it and in the representation of these to the Client. In all circumstances, the Client is responsible for keeping a personal copy of the files to deal with any technical problem. The Client acknowledges that he/she cannot in any way hold DATASURE responsible for the loss or poor conservation of a saved file.
The Client and any Applicant using the Copyright.eu platform accepts without reservation the backup conditions by using the services.
- AGREEMENT ON EVIDENCE
For this Contract, the parties agree that the written document in electronic form is accepted as evidence in the same way as the written document on paper. It is agreed that the data of OVH’s information system (the platform’s web host) or its subcontractors, such as connection logs, consumption statements, order and payment summaries, Incident management reports or others, are fully opposable to the Customer and admissible, including within the framework of legal proceedings. Exchanges by e-mail shall be deemed to have been received or sent by Microsoft’s SMTP servers. The date and time of the servers shall be deemed authentic between the Parties.
- CONTACT AND SUPPORT
For any question or request for information relating to the DATASURE site and services, or any report of illicit content or activity, the Client may contact DATASURE at the following e-mail address: firstname.lastname@example.org. However, the Client must first consult the documentation made available on the Copyright.eu website before consulting the customer support.
- ACCEPTANCE OF THE GENERAL CONDITIONS
Access to and use of the Copyright.eu services are subject to the acceptance of and strict compliance with these GENERAL TERMS AND CONDITIONS. Consequently, the Client and the applicants or signatories are strongly advised to refer to the most recent update of these GENERAL TERMS AND CONDITIONS before browsing, which can be accessed at any time on the Copyright.eu website. In the event of disagreement or dispute with these GENERAL CONDITIONS, the Client, the Applicant, or the Signatories shall not be entitled to use the site and the services of Copyright.eu.
- MODIFICATION OF THE GENERAL CONDITIONS
DATASURE retains the right to modify the terms, conditions and mentions of these GENERAL CONDITIONS at any time. They shall apply from the date of their publication on the Copyright.eu website to all accounts and all accesses, and all current or future services.
- ACCESS AND NAVIGATION
DATASURE uses all the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, DATASURE retains the right to suspend, limit or interrupt access to the site, to its services or to certain pages to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the Copyright.eu services. The connection and the navigation on Copyright.eu are considered as full acceptance of these GENERAL CONDITIONS, whatever the technical means of access and the terminals used.
The site may use “cookies” to process statistics and information on traffic, facilitate navigation and improve the service for the convenience of the Client, who may oppose the recording of these “cookies” by configuring his/her browser software.
These GENERAL TERMS AND CONDITIONS shall apply, as appropriate, to any variation, modification, or extension of the services of the Copyright.eu platform.
These GENERAL TERMS AND CONDITIONS shall apply without limitation in time and for as long as the Customer uses the Services.
The Customer may at any time request to unsubscribe by e-mail to Support (email@example.com) or by support ticket in his/her account. Any unsubscription will be effective after receipt of an e-mail confirming that the request has been considered by DATASURE.
- TERMINATION OF COPYRIGHT.EU ACCESS AND RELATED ACCOUNTS
The Client is free to close his/her account at any time following the terms and conditions set out in the article Unsubscription. However, DATASURE will keep all the data relating to the Client for 2 years and the backups under their conditions. Thus, the Client may later and at any time reactivate his account.
DATASURE is entitled to unilaterally terminate the services and close access to Copyright.eu if:
- The Client does not respect the clauses of the contractual scope;
- The Client does not pay the fees due for the use of the services;
- DATASURE has legitimate reasons to believe that the Client is fraudulently using the services, that he/she is attempting to do so, or that he/she is acting in violation of the laws and regulations or of the provisions relating to the present or/and those contained in the contractual scope.
- GUARANTEES AND GENERAL RESPONSIBILITIES
Given the inherent difficulties of information technology and the great complexity of the processes put in place, DATASURE can only be liable for obligations of means for all the services offered on Copyright.eu.
DATASURE commits itself to take all the necessary care and diligence to provide efficient and quality services following the practices of the profession and commits itself to do everything possible to ensure the permanence and continuity of its services. It is specified that DATASURE is only responsible for the content that it has itself edited. DATASURE is not responsible in case of technical problems or failures, computer, or accounting of the site with any hardware or software, in particular, if the anomaly comes from files, images, or types of files uploaded by the client. DATASURE is not responsible for direct or indirect, material, or immaterial, foreseeable, or unforeseeable damage resulting from the use or difficulties in using the site or its services. DATASURE is not responsible for the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there. DATASURE is not responsible for the illicit contents or activities on its site, without having been duly informed of them in the sense of the Law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, concerning the processing of data of a personal nature. Furthermore, DATASURE cannot guarantee the accuracy, completeness and topicality of the information published on the site. The Client, the Registrants and the Signatories are responsible for the protection of their equipment and data, for the use they make of the site or its services and in the event of non-compliance with both the letter and the spirit of these GENERAL CONDITIONS.
The Client acknowledges that no stipulation herein shall release him/her from the obligation to pay all amounts due to DATASURE under the contractual provisions in force. The parties expressly agree that DATASURE’s liability can only be engaged in the case of a proven fault on the part of DATASURE. Any complaint, of any nature whatsoever, must be sent by registered mail with acknowledgement of receipt, setting out the grievances in detail and listing the provisions infringed, to the registered office. Any complaint and/or dispute by the Client against DATASURE must be formulated at the latest eight (8) working days from the date of the event, otherwise, the claim will be forfeited.
The fact that either party does not claim the application of a clause of these GENERAL CONDITIONS or does not contest its non-fulfilment, whether permanent or temporary, shall not in any way be interpreted as a waiver by that party of its rights arising from the said clause.