Terms of sale for the Ipocamp service

These terms of sale (hereinafter the "CGV") set out the terms for subscribing to, paying for, and cancelling the pricing plans offered by ORIGYX (hereinafter "ORIGYX" or "Ipocamp"), together with the intellectual property insurance and legal support services offered in addition to the Deposit Service (hereinafter together referred to as "the Service").

These Terms of Sale apply to any User subscribing to a paid plan or to one of these services, in addition to and without prejudice to the Site's Terms of Use (hereinafter the "CGU"), which the User must also have accepted in order to access the Deposit Service.

Any applicable Specific Terms (in particular the insurance policy and its information notice, or the legal support engagement letter) shall prevail over these Terms of Sale in the event of any conflict concerning their respective scope.

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, verifiable timestamp of that fingerprint, carried out with or without creating an Account (see our Terms of Use — CGU). 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. Except in the case of a Deposit without an account (where only its fingerprint is transmitted), the File may be stored by ORIGYX 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.

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.

Subscribing to a pricing plan or to one of the services offered in addition to the Deposit Service entails full and unreserved application and acceptance of these Terms of Sale (CGV), which must be strictly complied with, as well as of the Site's Terms of Use (CGU), which the User must have previously accepted. Anyone who does not wish to accept them must refrain from subscribing to a paid plan or service.

The Terms of Sale in force are those available on the Site under the "Terms of Sale" section at the time of subscription. They are subject to change: ORIGYX reserves the right to amend them at any time; any material change is notified by email to Users with an active subscription and does not affect plans already subscribed to.

Certain services available on the Site — in particular intellectual property insurance and legal support — are subject to Specific Terms which each User must accept in order to access them.

As part of registering on the Site, ORIGYX offers each User the option of subscribing to a pricing plan (Individual, Studio, Independent Pro, Professional or Custom) giving access to the Service, the content of which is detailed on the Site's Pricing page. Subscribing to a plan only takes place after a series of steps allowing the User to review the details of the chosen plan — description of the Service, duration, and price — before confirmation and payment. Prices may be changed by ORIGYX at any time for new subscriptions. ORIGYX also reserves the right to revise the price of a plan already subscribed to, in particular where that plan benefits from a non-standard legacy rate, provided the User is informed in writing (by email) at least thirty (30) days before the revision takes effect, stating the date and amount of the new applicable pricing. The subscription, whether billed monthly or annually, is entered into for a one-year commitment period. For plans with monthly billing, the revision takes effect on the announced date; a User who does not accept it may refuse it before that date, as set out in the prior notice: their current price is then maintained until the end of their commitment period, at which date the revised price is offered to them again, with the option to end their subscription at no cost under the conditions set out in Article 9. For plans with annual billing, the revision only takes effect on the anniversary date following the prior notice; the current annual period remains billed at the originally agreed rate, and a User who does not accept the revision may end their subscription at no cost before that anniversary date, under the conditions set out in Article 9.

The services included in each plan (number of deposits, storage, insurance, support, access to the communication space and to the Communication Materials defined in the Terms of Use) are those described on the Pricing page of the Site or in the applicable special conditions.

Personal licence: each licence is personal and assigned to a single natural person; it allows simultaneous sign-in on no more than two (2) devices, under the conditions set out in Article 6 bis of the Terms of Use.

Individual and Studio plans, deposits in your own name: the Individual and Studio plans are reserved for Deposits made in the name of natural persons. The authors declared for a Deposit made under either of these plans may only be natural persons: a single author for the Individual plan, and no more than five (5) for the Studio plan. Deposits in the name of a legal entity (company, association or any other entity) fall under the Independent Pro, Professional or Custom plans. This limit does not prevent a natural person from depositing, in their own name, a Creation produced in the course of their professional activity; the Proof then identifies that natural person alone. ORIGYX may refuse any Deposit that does not comply with these limits. Where a breach is found, ORIGYX informs the User by email and invites them to subscribe to the appropriate plan; failing regularisation, ORIGYX may suspend the ability to make new Deposits until it occurs, without affecting Deposits already made.

Protection against duplicate subscriptions: ORIGYX implements an automatic check, at the time payment is validated, to detect whether the User already has an active subscription under the same email address. If a duplicate is detected, the new subscription is cancelled and the corresponding payment is refunded in full, with the excess subscription not being retained; the User is informed by email. This check is a technical security mechanism and does not exempt the User from verifying, before any new subscription, the status of their current subscription from their personal space.

Ipocamp may offer, under commercial agreements, partnerships, white-label arrangements, or specific API integrations, prices, offers, or service scopes that differ from those described in these General Terms. These special conditions are the subject of a separate agreement between ORIGYX and the partner concerned and take precedence, for the User covered by that agreement, over the standard prices published on the Site.

Where a price is granted because of the User's membership in a partner organization (association, organization, third-party platform, etc.) or compliance with special conditions agreed with that partner, the continuation of that price is conditional on the ongoing fulfillment of those conditions. ORIGYX reserves the right, upon noting that these conditions have ceased to be met — in particular the end of a membership or partner agreement —, to adjust the applicable price to the then-current standard price, to suspend, or to terminate the subscription concerned, subject to reasonable prior notice to the User.

Payment is made by credit card or bank transfer via a partner site (Stripe). During online payment, the User accesses a secure, certified server: ORIGYX never has access to your credit card number, which is neither retained nor processed by us. Fees for the first subscription period are due upon opening of the Service; the subscription is then due for the upcoming period. Where the debit of amounts due proves impossible, the subscribed plan is not registered. Failure to pay, after an email reminder, results in suspension of the Account.

Prices shown on the Site are inclusive of all taxes for Users located in France and the European Union: value added tax (VAT), currently at a rate of 20%, is calculated and added automatically at the time of payment based on the billing country provided by the User, in accordance with the regulations applicable to electronically supplied services. Business Users may provide an intra-Community VAT number at the time of payment.

Each invoice issued by ORIGYX includes the mandatory legal information, in particular: that no discount is granted for early payment; that in the event of non-payment by the due date, late-payment penalties equal to three (3) times the statutory interest rate apply automatically; and that a flat-rate indemnity of forty (40) euros for collection costs is owed by any business customer in the event of late payment, without prejudice to additional compensation on production of supporting documents where the collection costs incurred exceed that amount.

In the event of failure or rejection of the automatic direct debit at the end of a subscription period, ORIGYX will send the User, by email, one or more payment reminders inviting them to regularize their situation (updating their payment method, a further debit attempt) before any suspension of their Account under the conditions set out in Article 7.

Before each anniversary date of a subscription entered into for an indefinite term, ORIGYX will send the User a reminder by email informing them of the upcoming renewal of their plan, the applicable price, and their option to end it at no cost until the day before its anniversary date, under the conditions set out in Article 9. This reminder is sent no earlier than three (3) months and no later than one (1) month before the anniversary date, in accordance, for Users who qualify as consumers, with Article L. 215-1 of the French Consumer Code.

These reminders and notices constitute information provided as a matter of good commercial practice and, where applicable, in performance of a legal obligation; their exceptional absence, in particular due to a technical malfunction or an incorrect email address provided by the User, cannot on its own call into question the validity of the direct debit, suspension, or renewal that occurred, without prejudice to the User's right to request a commercial gesture from ORIGYX in such a case.

Failing regularization, ORIGYX may, after informing the User by email: (i) from the seventh (7th) day following the payment failure, suspend the making of new Deposits; (ii) from the twelfth (12th) day, suspend the User's access to their Account; (iii) from the twenty-seventh (27th) day, terminate the plan automatically. During the suspension, the Deposits and Certificates already recorded are retained and remain enforceable; the User may obtain them at any time on simple request to support@ipocamp.fr. Settlement of the payment restores access without delay. Termination for non-payment does not result in the deletion of the Documents, which remain retained under the conditions of Article 9.

The subscribed plan begins on the subscription date and is entered into for an indefinite term, in one-year commitment periods, whatever the billing frequency (monthly or annual); it is tacitly renewed on each anniversary date. The User may end their subscription at no cost at any time until the day before its anniversary date, from the "Cancellation" page of the Site or by emailing support@ipocamp.fr: the subscription then remains active until that date and is not renewed. ORIGYX may end the subscription on its anniversary date, subject to thirty (30) days' notice before that date. The User may also request an early cancellation taking effect immediately: it gives rise to payment of the balance of the current period remaining until the anniversary date, less any amounts already paid for that period. No refund is made of amounts already paid, except in the event of gross or fraudulent misconduct by ORIGYX.

The end or cancellation of the plan does not result in the deletion of Deposits. Timestamped fingerprints, Certificates issued and, where the User has chosen to host them, the Files and Associated Documents are retained for the entire lifetime of the Proof, including after cancellation: the User may download them from their Personal Area and obtain them at any time on simple request to support@ipocamp.fr. The recording of a fingerprint in the public ledger is, by its nature, permanent and cannot be withdrawn. The User may close their Account at any time; closure ends their access and their plan, without resulting in the deletion of Deposits. Erasure of the User's Account, Files, Certificates and personal data is carried out only upon their express written request sent to contact@ipocamp.fr; it is not available directly from the Personal Area. Before any erasure, the User is invited to download all of their Files and Certificates: once erasure has been carried out, ORIGYX can no longer provide them, the fingerprint recorded in the public ledger remaining without making it possible to recover their content. Accounting records are retained for ten (10) years in accordance with the law.

ORIGYX may, subject to ten (10) days' notice following a formal notice that has gone unanswered, close a User's Account in the event of a breach by the User of their obligations under these Terms — in particular the provision of inaccurate information, infringement of third-party rights, violation of applicable laws and regulations, or fraudulent use of the Site — without prejudice to any damages ORIGYX may be entitled to claim.

The plan may also be terminated automatically by ORIGYX in the event of persistent non-payment, under the conditions and time limits set out in Article 8.

ORIGYX, as an insurance broker registered with ORIAS (see our Legal Notice for the registration number), offers on the Site an intellectual property insurance guarantee, included in the Individual, Studio, Independent Pro and Professional plans presented on the Pricing page, under a group contract taken out with Covéa Protection Juridique. For the Custom plan, a specific contract may be considered where the volume justifies it.

This guarantee is intended to cover, under the conditions, amounts, caps, and exclusions specified in the insurance policy and its information notice — the only documents that are contractually enforceable in insurance matters, and which prevail over these Terms of Sale in the event of any conflict concerning this scope —, the costs and financial consequences relating to the defense or valuation of the insured User's intellectual property rights, in particular in the event of infringement suffered or alleged against them.

The guarantee applies only to Creations that have been the subject of a Deposit giving rise to a Certificate, provided that the plan has remained active without interruption since the timestamp of the Creation in dispute. It does not exempt the User from retaining their source Files or from making the Deposits necessary to establish the Priority of their Creations, these items of Proof remaining decisive for the effective implementation of the guarantee in the event of a claim.

The terms for subscribing, cancelling, any waiting period, and claims handling are those set out in the insurance policy and its information notice. In accordance with the regulations applicable to insurance brokerage, any dispute relating to the conclusion, interpretation, or performance of the insurance policy that is not resolved amicably with ORIGYX may be brought by the insured User before La Médiation de l'Assurance (TSA 50110, 75441 Paris Cedex 09 — www.mediation-assurance.org), without prejudice to the right to bring the matter before the competent courts at any time.

In addition to the Deposit Service and the insurance guarantee, ORIGYX also offers legal support for Users facing an intellectual property dispute: receipt of a formal notice, alleged or actual infringement, pre-litigation negotiation, or the valuation of intellectual property rights. This support is a service distinct from the Deposit Service and the insurance guarantee, offered to Users subscribed to a plan that includes it (Professional, or Custom under the agreed terms), once a preliminary diagnosis has been validated, or requested on an ad hoc basis by the User. Depending on the findings of the diagnosis, the support may be invoiced separately from the subscription: its amount is then communicated to the User, by quote or in the engagement letter, before any commitment, and no paid service is performed without the User's express consent. Legal information by telephone provided by the insurer is included with the insurance guarantee.

The exact scope of the support (nature of the services, professionals involved, fees where applicable) is specified at the time of subscription on the Site or in the engagement letter provided to the User, which prevails over these Terms of Sale in the event of any conflict concerning this scope. This support does not constitute automatic and systematic legal advice on any question raised by the User: it is provided strictly within the scope defined with the User at the time of subscription or request.

Deposit Certificates issued by ORIGYX under the conditions set out in our Terms of Use (CGU) constitute an item of Proof that may be used as part of this support, without however guaranteeing, on their own, the outcome of a dispute, which falls within the sole discretion of the competent courts or bodies.

The User remains, in all cases, solely responsible for the decisions they make within or following this support, ORIGYX and the professionals involved being bound, unless otherwise stated in the engagement letter, only by a best-efforts obligation.

ORIGYX undertakes, solely for the elements of the Site it directly publishes, to comply with best practice and the regulations applicable to the Service. Given the complexity of the technologies used and the specific features of the internet, ORIGYX undertakes only to implement the measures necessary to ensure availability of the Service and can be bound only by a best-efforts obligation; it cannot guarantee permanent accessibility and proper functioning of the Site and the Service. ORIGYX is responsible only for content it has itself published and cannot guarantee the accuracy, completeness, or currency of information published on the Site by third parties.

Any damages owed by ORIGYX resulting from an established fault shall correspond to the direct, personal, and certain loss linked to the failure in question, expressly excluding indirect damages (loss of data not attributable to ORIGYX, loss of opportunity, business losses); any action brought against the User by a third party constitutes indirect damage and does not give rise to a right to compensation on this basis. The amount of damages owed under ORIGYX's liability may not exceed the amount received by ORIGYX in consideration for the services provided under the Service concerned up to the date of the event giving rise to liability, except in insurance matters where the insurance policy's coverage limits apply (Article 10). ORIGYX cannot be held liable for non-performance or improper performance of the contract where attributable to the Depositor, a third party, or an event of force majeure. Any claim must be sent by registered letter with acknowledgment of receipt, setting out the grievances in detail, to ORIGYX's registered office.

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 Sale (CGV) 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 — subject, for insurance-related disputes, to the option of referring the matter to La Médiation de l'Assurance mentioned in Article 10.

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.