Terms of use for the Ipocamp service

We provide, via our website, online software including a service for depositing intellectual creations (hereinafter the "Creations") in order to give them an evidentiary electronic timestamp (hereinafter the "Deposit Service"). This page, together with the documents it refers to, sets out the conditions under which you may use our website, available under the domain names ipocamp.io and v2.ipocamp.io, and its associated pages (hereinafter the "Site"), as Users of the Site, whether customers or simple visitors (hereinafter the "Users").

These terms of use of the Site (hereinafter the "General Terms" or "Terms of Use") are intended to: define the terms of access to and use of the Site and the Deposit Service, with or without creating an Account; and organize the relationship between ORIGYX and Users, whether individuals or legal entities duly represented by an individual.

Intellectual property insurance and legal support services, together with the terms for subscribing to, paying for and cancelling a paid plan, are governed by our Terms of Sale (hereinafter the "CGV"), available on a separate page of the Site. We invite you to read these Terms of Use carefully before using our Site. By using our Site, you agree to comply with them.

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, ORIGYX's identity as publisher of the Site, and as the party performing and overseeing the Service, is set out here.

The Site is published by ORIGYX, a French SAS registered with the Bobigny Trade and Companies Register under number 104 675 384, whose registered office is located at 86 Rue Voltaire, 93100 Montreuil, and which can be reached by email at contact@ipocamp.fr. ORIGYX is represented by Mr. Bruno Babikian, Chairman, who is accordingly the Site's publication director.

The Site is hosted by OVH — a French SAS with share capital of €10,174,560, whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France, registered with the Roubaix–Tourcoing Trade and Companies Register under number 424 761 419. For further information regarding company identification (insurance brokerage, ORIAS, competent consumer mediator), please refer to our Legal Notice, available from the Site's footer.

Priority (of rights): date priority in the acquisition of a right in rem or personal right over a Creation.

Certificate: a document evidencing the Deposit of a Creation upon its timestamped registration at a given date and time, thereby serving as a means of proving Priority of rights over that Creation and, where applicable, Authorship by inference from other evidence (such as successive Deposits under the same name tracing the stages of the creation). The Certificate is sent to the User by email and, except in the case of a Deposit without an account, is available and printable from the Secure Storage Space.

Account: the User's personal, secure electronic space from which they identify themselves in order to manage their Deposits. This space is accessible only through the combination of the User's email address (login) and password.

Creations: any intangible assets forming part of an individual's or legal entity's estate, in particular registered and unregistered intellectual property rights (Works, designs, patents), as well as any know-how or research and development output protected by trade secret or otherwise than by an intellectual property right. Creations are fixed onto a File for the purposes of the Deposit.

Date and time of Deposit: the date and time generated by ORIGYX's servers at the time the Certificate is issued.

Deposit: the operation of computing the digital fingerprint of the File and recording a secure, tamper-proof timestamp of that fingerprint, carried out with or without creating an Account (see Articles 7 and 8). The Deposit makes it possible to constitute Proof of the existence of a Creation, in the form of the deposited File and/or the Associated Data, at a specific date, and, where applicable, of its Authorship by inference from other evidence.

Depositor: the individual carrying out a Deposit on the Site, whether they are the originator of the Creation and deposit it in their own name and on their own behalf, or on behalf of another party (individual or legal entity). The Depositor warrants that they are authorized to do so.

Associated Documents: files associated with the Deposit, namely the File, the deposit Certificate, and invoices (at the User's request).

Associated Data: descriptive data about the Creations, whatever their stage of completion (title, idea or concept, genre, materials, processes used, purpose, etc.).

Secure Storage Space: the User's personal, secure electronic space for storing and hosting Associated Documents, if requested by the User at the time of the Deposit and provided the User has an Account. Access to the Secure Storage Space requires the User to first identify themselves on their Account.

File: any digital document fixing or describing the Creation, which is the subject of a Deposit. The File may also consist of a complete description of the Creation, whether future or in progress. The File is transferred to ORIGYX for timestamping purposes, including in the case of a Deposit without an account; it may also be kept in the Secure Storage Space if the User so chooses.

Work: an original intellectual creation, whatever its genre, form of expression, merit or purpose, protected by copyright.

Originality: the expression of the personality of a Work's author, reflecting free and creative choices made by that author — a condition for copyright protection of a Work under the French Intellectual Property Code.

Authorship: the status of author of a Creation.

Proof (of a legal fact): any element or document making it possible to establish the reality of a legal fact from which a right arises, in this case the Priority of a Creation and, where applicable, its Authorship. All means of proof are admissible before a court, which has sole discretion in assessing their evidentiary weight.

Deposit Service: a simple, secure service for the electronic dating of Creations, together with optional storage of Associated Documents within the Secure Storage Space.

Rights Holder (of intellectual property): an individual or legal entity holding one or more economic rights over a Creation (moral rights can belong only to the author of a Work).

User: any individual or legal entity using the Site and/or the Service, who is a party to the General Terms and, where applicable, to the Specific Terms for any service subscribed to with ORIGYX.

In accordance with the terms set out in these General Terms and on the Site, ORIGYX enables Users, through its Deposit Service, to constitute Proof: of the existence of their Creations at a given date and, accordingly, of their potential Priority over later Creations alleged to infringe or to be infringing; and, where applicable, of their Authorship of those Creations, when combined with other evidence such as successive Deposits under the same name. This Proof is thus constituted through the issuance of the Certificate, which may be produced before the competent courts in the event of a dispute.

ORIGYX provides each User with a dedicated personal space, access to which is subject to creating an Account and, where applicable, subscribing to a pricing plan (see our Terms of Sale — CGV). Once the Account has been created, the User may make full use of the Deposit Service in accordance with the plan subscribed to. The Service offered includes: a dating service for Creations, making it possible to provide proof of a Creation's Priority and, in certain cases, its Authorship, through the issuance of a Certificate that is enforceable against third parties (business partners, customers, competitors, courts, etc.); an optional storage and hosting service for Associated Documents and Data — this service in no way constitutes a commitment by ORIGYX to retain and actually return the Documents, and the User accordingly undertakes to retain, themselves and by their own means, the media embodying their Creation and the File used for the Deposit; and, for Users holding an Individual, Independent Pro or Professional plan, an intellectual property insurance guarantee included in the plan and legal support (see our Terms of Sale — CGV).

As a service provider, ORIGYX does not select, control, or pre-approve the File, its content, its legibility, or, more broadly, the Documents and Associated Data deposited by Users. ORIGYX neither intervenes in nor interferes at any point with the Deposit activities initiated by Users, and cannot be held liable for the inaccurate, erroneous, illegible, or unlawful nature of the Documents and Associated Data. Each User is solely responsible for all activities carried out on the Site and for their use of the Service; it is the User's responsibility to hold all the rights, authorizations, and permissions required to use the Service.

All Users are informed of, and expressly accept, that the proper functioning of the Site relies on responsible use of the Service, in particular by communicating accurate, truthful, and lawful information, and by retaining the source File as used for the Deposit. Failure to comply with these requirements — including in particular any false statement, unauthorized use, or misappropriation of the Creations of others — would be liable to render the Proof enabled by the Service unenforceable and to deprive the Service of any value.

For any question or request for information relating to the Service, or to report unlawful content or activity, the User may contact ORIGYX at the following email address: contact@ipocamp.fr.

Use of the Site entails full and unreserved application and acceptance of these Terms of Use, which must be strictly complied with. Every User accessing the Site is advised to read them beforehand; anyone who does not wish to accept them must refrain from using the Site.

The Terms of Use in force are those available on the Site under the "Terms of Use" section each time a User connects to the Site. They are subject to change: ORIGYX reserves the right to amend them at any time, will inform Users as promptly as possible by way of a message on the Site inviting them to review the update, and will notify any material change by email to Users who hold an Account.

Subscribing to a paid pricing plan or to one of the services offered in addition to the Deposit Service (intellectual property insurance, legal support) is further subject to acceptance of our Terms of Sale (CGV) and, where applicable, of the Specific Terms applicable to those services.

Access to certain features (Secure Storage Space, Deposit history, intellectual property insurance, legal support) is subject to the User registering by creating an Account. Access to the Service is reserved exclusively for individuals with legal capacity who have completed and validated the registration form and accepted these Terms. Only one registration is permitted per email address, and each User may hold only one active Account. Any User registering on behalf of another party, including a legal entity to which they are affiliated, represents that they hold the authorizations required to do so.

The User undertakes to provide only accurate, truthful, and up-to-date information that does not infringe the rights of third parties. ORIGYX confirms creation of the Account by automatically sending a confirmation request to the email address provided. The same email address cannot be used more than once to register. Once registered, the User accesses the Service using a strictly personal and confidential login and password, for which they are responsible for safekeeping and bear the risk of loss. Any connection to the Site via an Account is presumed to have been made by the holder of that Account and under their sole responsibility; in the event of detected fraudulent use, the User undertakes to inform ORIGYX in writing without delay.

A deposit made without creating an Account is free of charge, up to five (5) Deposits per e-mail address. The File is securely transferred to the storage space dedicated to independent timestamping; ORIGYX never accesses its content at any point. The User remains solely responsible for retaining this source File, which is essential in order to rely on the Proof at a later date.

This Deposit remains anonymous for as long as no Account has been created with the same email address. If the User later creates an Account with that same address, this Deposit is automatically linked to it and appears in their personal space and Deposit history.

This Deposit confers evidentiary value (Proof of Priority) but does not constitute any intellectual property right; it is for the competent courts alone to assess, in the event of a dispute, the date and Authorship of the creation.

The User represents that they are the author, co-author, or rights holder of the deposited File, or duly authorized to deposit it, and indemnifies ORIGYX against any claim by a third party in this regard.

The name and email address provided are used solely to send the Certificate and are processed in accordance with our privacy policy. ORIGYX implements the means necessary to issue this Certificate, without guaranteeing absolute availability of the Service.

Provision of the Secure Storage Space is subject to creating an Account under the terms of Article 6, and is included in the pricing plan subscribed to by the User, with internet access costs remaining the User's responsibility. As each User may hold only one active Account, ORIGYX reserves the right to delete any fraudulent Account at any time.

To use the Secure Storage Space, the Depositor enters the Associated Data and uploads Files from their computer or any other suitable device, by drag-and-drop or standard selection. One File corresponds to one Deposit; no size or format limit is imposed. The number of Deposits that may be made is that stipulated in the pricing plan subscribed to, under the conditions set out in our Terms of Sale (CGV).

It is the Depositor's responsibility to enter the Associated Data accurately and precisely; ORIGYX cannot be held liable for any issue arising from incorrect information. Once the Deposit has been validated, the Depositor receives a confirmation email, and the Certificate becomes available in their personal space, ORIGYX being subject in this respect to a best-efforts obligation regarding its issuance.

A Deposit on the Site, whether made with or without an Account, does not confer any intellectual property right. It provides evidentiary value only for the User with regard to the Priority of a Creation and, where applicable, its Authorship. The Depositor must, in addition to keeping the Creation fixed on any medium, retain the source File used for the Deposit in full, without subjecting it to any alteration or modification of any kind: any subsequent modification of that File changes its fingerprint and renders the Proof unusable for that File.

The Deposit of a File does not prejudge the Originality of a Creation. ORIGYX strongly advises Users to make a new Deposit in the event of any modification, change, or transformation of the Creation that was the subject of the Deposit, in order to have usable Proof corresponding to the actual state of the Creation. Finally, as proof of a legal fact is unrestricted and the courts alone have jurisdiction to assess and rule on the date of a Creation and its Authorship in light of the evidence provided, the Certificate obviously does not preclude the User from assembling other evidence of the existence of a Creation in order to improve their chances of success. The User acknowledges and accepts the foregoing provisions relating to the legal scope of the Deposit and indemnifies ORIGYX against any action brought on these grounds.

The precise date of the Proof issued by ORIGYX is the time and date at which the Certificate was generated, as shown on the Certificate.

The Proof provided under the Service is embodied in the Certificate generated upon the timestamped recording of the File. The digital fingerprint corresponding to the Deposit, as shown on the Certificate, may be verified in the dedicated verification section of the Site, regardless of whether the User holds an Account. If, for a reason unrelated to the Depositor, the Certificate is not found in the User's personal space, the User must notify ORIGYX by email at contact@ipocamp.fr so that a solution can be found or a new copy sent, it being noted that ORIGYX is subject to a best-efforts obligation in this respect.

As the Certificate is a piece of Proof, it may be produced before the competent courts in order to establish Proof of the Depositor's Priority of rights over the Creation covered by the Certificate and, where applicable, its Authorship. The period of validity of the Proof contained in the Certificate is independent of ORIGYX's control and is in particular subject to strict compliance with the recommendations set out in Articles 4, 6 to 8 and 9. Where the Depositor is not the sole originator of the Creation, they are strongly advised to state this at the time of the Deposit and to provide co-authors with the certificate and Deposit Certificate, in order to inform them of the existence of the Proof issued.

ORIGYX implements the technical solutions available to it to enable access to the Site 24 hours a day, 7 days a week, and is subject to a best-efforts obligation in this respect. ORIGYX reserves the right to suspend, limit, or interrupt access to the Site, its Services, or certain pages in order to carry out maintenance, updates, or content changes, at the request of the courts, or in the event of force majeure (in particular a cyberattack), without any such cause giving rise to any right to compensation. ORIGYX also reserves the right to block access to, or remove, any content that is unlawful or contrary to these General Terms.

The Site uses cookies to process statistics and traffic information, to facilitate browsing, and to improve the Service; the User may object to their being recorded via the dedicated banner or by following the instructions in our cookie policy.

For their part, the User must: ensure, when accessing the Service via a remote server (proxy), that it does not block access to the Service; have an internet connection with sufficient bandwidth; comply with the laws in force in France and abroad, as well as internet usage practices, in particular regarding data protection, intellectual property, and the protection of minors; and choose a login and password that are strictly personal and reserved for their sole use, ORIGYX not being liable for their fraudulent or improper use.

The Deposit is confidential and made under the sole responsibility of the Depositor, who represents that they are the author or co-author of the Creations, the Rights Holder, or a third party duly authorized and/or empowered to make the Deposit by such persons. Each User represents, acknowledges, and warrants that they will use the Service and/or the Site only in strict compliance with applicable laws and regulations, that they hold all the rights relating to the Creations for which Proof is constituted through the Service, or that they hold all the authorizations necessary for this purpose.

Each User undertakes to indemnify ORIGYX against any action, claim, or demand brought in respect of the lawfulness of the Deposit or the compliance of the Files they deposit; they will bear all resulting financial consequences, including attorneys' fees, the amount of any court-ordered awards, and any compensation incurred by ORIGYX. The User acknowledges that the complimentary hosting service offered by ORIGYX can in no way substitute for their exclusive responsibility to durably retain the Files that give the Certificate its full evidentiary weight.

The User is free to close their Account at any time. Closing the Account automatically terminates the contract, without prejudice to any damages that may be owed. In the event of deregistration, ORIGYX undertakes to retain the information provided at registration, together with, where applicable, the File and hosted Associated Documents, for a period of three (3) years from termination of the contract, in accordance with our privacy policy, ORIGYX being subject in this respect only to a best-efforts obligation.

The User may ask ORIGYX to immediately delete all data retained following closure of their Account, by sending an email to contact@ipocamp.fr; ORIGYX will then proceed to the complete and irreversible deletion of all data relating to the creation of the Account and the Deposits, including Certificates, subject to any legal retention obligations that may otherwise apply (in particular accounting records). ORIGYX reserves the right to suspend or close an Account in the event of a breach by the User of these Terms of Use or, where the User is also bound by a paid plan, under the conditions set out in our Terms of Sale (CGV). ORIGYX and the User may terminate this contract if the other party becomes subject to insolvency or liquidation proceedings.

Access to the Site confers no intellectual property right in respect of any element of the Site, all of which remain the exclusive property of ORIGYX or its licensors. All technical, graphic, textual, or other elements making up the Service and the Site (text, graphics, software, multimedia files, photographs and images, plans, graphic charter, technologies, lines of code, names, trademarks, logos, visuals, structure, mock-ups, databases, etc.) are protected as such under applicable national and international intellectual property laws. Any representation, reproduction, adaptation, or exploitation, in whole or in part, of the foregoing elements, by any means whatsoever, without ORIGYX's prior, express, written authorization, is strictly prohibited and may constitute infringement within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code. Users are further strictly prohibited from introducing onto the Site any data that would or might alter its content or appearance.

For the purposes of registration and use of the Service, ORIGYX processes personal data concerning each User, in compliance with French Law No. 78-17 of 6 January 1978 on information technology, data files, and civil liberties, as amended, and Regulation (EU) 2016/679 of 27 April 2016 (the "GDPR"). The nature of the data collected, the purposes of the processing, the retention periods, and the rights each User has over their data (access, rectification, erasure, objection, portability, and the fate of data after death) are set out in our privacy policy, which forms an integral part of these terms and is accessible from the Site's footer.

Should any of the provisions of these General Terms prove invalid under a rule of law in force or a final court decision, it shall be deemed unwritten, without thereby rendering the General Terms as a whole invalid or affecting the validity of its other provisions. In such a case, ORIGYX shall, to the extent possible, replace the invalidated provision with a valid provision reflecting the spirit and purpose of these Terms.

The fact that either party does not invoke the application of a clause of these General Terms, or does not challenge its non-performance, whether permanent or temporary, may in no case and in no way be interpreted as a waiver by that party of the rights arising from that clause.

The validity, interpretation, performance, or termination of these Terms of Use and any consequences thereof are governed by, and shall be interpreted in accordance with, French law. In the event of a dispute between the parties, ORIGYX and the User will use their best efforts to resolve it amicably within a maximum of sixty (60) days from receipt of a written notification from either of them.

Failing an amicable resolution, any dispute or disagreement relating to the validity, interpretation, performance, or termination of the contract and any consequences thereof shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in the case of interim proceedings, third-party claims, warranty claims, or multiple defendants, subject to the mandatory rules applicable to consumers.

ORIGYX remains at your disposal and wishes you the very best for your creations, today and in the future.