Specific conditions of use v08/23

Specific terms of use of electronic signature service

These Specific Conditions of Use of the Electronic-Signature Service (hereinafter “Specific Conditions of Use” or “SCU”) are intended to define the conditions specifically applicable to the Electronic-Signature service proposed by Cryptolog International, simplified joint-stock company (SAS) registered office at 7 Rue du Faubourg Poissonnière, 75009 Paris, Paris Commercial Registry No 439 129 164 (hereinafter “Universign”).

DEFINITIONS

Unless otherwise provided, terms beginning with a capital letter will have the meaning attributed in this article and may be used both in the singular and in the plural, according to context.

Certification Authority (CA): refers to the authority in charge of the creation, issuance, management and revocation of Certificates under the Certification Policy. 

Electronic Certificate or Certificate: refers to the electronic file issued by the Certification Authority including the identification elements of its Holder and a cryptographic key facilitating the verification of the Electronic Signature for which it is used. 

Qualified Certificate: refers to a Certificate meeting the requirements of article 28 or 38 of European Regulation 910/2014 of 23 July 2014.

Client: refers to a natural or legal person (i) having subscribed to the Terms and Conditions of Sale – SaaS or (ii) having signed a separate commercial agreement with Universign to use this Service, if applicable.

User Account or Account: refers to the computer resources attributed to the User by Universign, allowing the former to access the Service.  

Terms and Conditions of Use (TCU): refers to the terms and conditions of use applicable to all Services provided by Universign. They are available on the Website.

Specific Conditions of Use (SCU): refers to the specific conditions of use of the Service they govern. They are available on the Website.

Conservation: refers to the associated service consisting of the implementation of procedures and technologies making it possible to extend the reliability of Electronic Signatures for a fixed period.

Timestamp: refers to a structure which links a Document to a specific moment, therefore offering proof that it existed at that time.

Document:  refers to a set of structured electronic data that may form the subject of an Electronic Signature as part of the Service forming the subject hereof.

Third Party: refers to any natural or legal person wishing to rely on a Certificate or Timestamp issued by a Certification Authority or to verify the validity of these Certificates or Timestamps, for their own needs. 

Certification Policy (CP): refers to all the rules to which the CA complies for the implementation of the certification service. 

Holder: refers to the natural or legal person identified in the Certificate, having control over the private key corresponding to the public key.

Service: refers to the set of services and software solutions that Universign undertakes to provide to the User under this Agreement.

Signatory: refers to the natural person hoping to conclude or having concluded a Transaction with the Client through the Service.

Electronic Signature or Signature: refers to a procedure making it possible to guarantee the integrity of the signed Document and to demonstrate the consent of the Signatory it identifies.

Website: refers to the website www.universign.com.

Storage: refers to the service associated with the Universign Electronic-Signature Service consisting of the option to store Documents signed via the Service on the Platform.

Transaction: refers to the process between the Client and the Signatory during which the Signatory signs an Electronic Document offered by the Client, through the Service.

User: refers to a natural or legal person using the Service. 

Article 1 – PURPOSE

These Specific Conditions of Use associated with the Terms and Conditions of Use define the conditions applicable to the Services.

Article 2 – CONTRACTUAL DOCUMENTS

The SCU form an indivisible whole with the TCU. They prevail in any event over any Client terms and conditions of purchase. 

Universign reserves the right to modify these SCU at any time and without notice. 

The applicable SCU, as well as previous versions, are permanently accessible on the Website, and in a format allowing their printing and/or download by the User.    

Article 3 – ELECTRONIC-SIGNATURE SERVICES

The Electronic-Signature Service allows the Signatory to make use of an Electronic-Signature creation solution and allows the Client to collect said signature.

3.1. PROVISIONS APPLICABLE TO THE SIGNATORY

3.1.1. Access to the Service

The Signatory may benefit from the Service offered as long as they have:

-Suitable computer equipment to access the Service;

-A valid and personal email address (for which they control access);

-A means of personal authentication accepted by Universign (e.g., personally attributed cell-phone number).

Level-2 and 3 Electronic Signatures require the issuance of a Certificate for which the Holder is the Signatory.

3.1.2. Creation of a Universign account

Access to the Service and its use require the creation of a User Account.

By way of exception, the level-1 Electronic signature does not require the creation of a User Account for the Signatory. 

3.1.3. Service description

The process for the Electronic-Signature of Documents is based on the following steps:

Step 1: Provision of the Document

The Client, via their User Account, makes available the Document to be signed and, if applicable, attaches a Document to read, for the Signatory.

Step 2: Invitation to sign

The Signatory is invited to sign the Document via the Service

If necessary, an email containing a hyperlink facilitating access to the Service is delivered to the Signatory.

Step 3: Access to the Document

The Signatory is directed to an interface displaying the Document to be signed. They are invited to read the Document in its entirety.

Step 4: Consent to the Document and the SCU/TCU

The Signatory declares having read the Document and, when the Signature is required, having approved its content. The Signatory also declares that they accept these SCU, completed by the TCU, thereby recognizing the validity and enforceability of the Electronic Signature.

The Signatory’s acceptance is indicated by clicking the checkbox corresponding to these declarations.

Step 5: Signature – Authentication

The Signatory clicks on the “sign” button to activate the Signature. To ensure the reliability of the Signature, the Signatory receives a confidential code delivered to the telephone number they have declared to Universign or the Client.  Upon receipt of the authentication code, the Signatory authenticates themselves by entering this code in order to create the Electronic Signature of the Document.

The Signatory is informed and accepts that the conditions for the collection of their Electronic Signature are satisfactory to produce legal effects and that the Electronic Signature may be validly used against them.

3.1.4. Limitations of use

The Signatory undertakes to carry out the steps making up the Electronic Signature themselves and in accordance with the TCU and SCU. The delegation of these operations, the delegation of signature and signature per procurationem are prohibited.

3.2. PROVISIONS APPLICABLE TO THE CLIENT

3.2.1. Access to the Service

Access to the Service and its use by the Client require the creation of a User Account.

3.2.2. Service description

The Client undertakes to provide Universign with exact information for the use of the Service.

The process for the Electronic-Signature of Documents is based on the following steps:

Step 1: Provision of the Document

The Client, via their User Account, makes available the Document to be signed and, if applicable, to read, for the Signatory.

Step 2: Invitation to sign

The Client fills in the data regarding the Signatory required by the Service.

Step 3: Access to the signed Document

Access to the original signed Document may be made via the Client’s User Account.

3.2.3 – Limitations of use

The Client undertakes not to misuse the Service’s features or the Signatory authentication means, in particular by filling in information regarding the Signatory that it knows to be erroneous or by not permitting the Signatory to properly view the Document intended to be signed, or by entering the confidential code sent to the Signatory itself.

Any use of the Service not compliant with the TCU and SCU may entail the non-enforceability of the Electronic Signature and/or the nullity of the deed to which it is attached.

Article 4 – LEVELS OF ELECTRONIC SIGNATURES

The Service allows the implementation of three levels of Electronic Signature, whose legal effects are recognized by applicable regulations across the European Union. 

4.1. Level-1 Electronic Signature 

As part of the implementation of the level-1 Signature, Universign cannot guarantee the identity of the Signatory, nor their authorizations. The Client will be responsible for identifying the Signatory via its own organizational and technical processes, which it implements under its exclusive liability.  

Universign authenticates the Signatory via the Signatory’s telephone number as declared to Universign (by the Signatory themselves or by the Client), as applicable.  

The Level-1 Electronic Signature does not require the creation of a Universign Account by the Signatory. 

In the context of this Signature’s use, Universign cannot guarantee the Signatory’s identity – the only elements provided being those communicated by the Client.  

The Identification data appearing on the Electronic Signature is that transmitted by the Client to Universign.

4.2. Level-2 Electronic Signature 

As part of the implementation of the level-2 Electronic-Signature, the verification of Signatory Identification is carried out remotely via a digital copy of their identity document delivered to Universign.  

Universign authenticates the Signatory via the Signatory’s telephone number as declared to Universign (by the Signatory themselves or by the Client), as applicable. 

In the context of this Signature’s use, Universign cannot guarantee the Signatory’s identity. As such, the Client is responsible for ensuring the Signatory’s identity by its own means and under its own liability.  

Universign verifies the consistency between the identification declared and the identity document for which a copy has been delivered thereto. 

The level-2 Electronic Signature is made via Certificates compliant with the requirements of the ETSI EN 319 411-1 standard.  

4.3. Level-3 Electronic Signature 

As part of the implementation of the level-3 Electronic Signature, Universign verifies the identity of the Signatory in person and via an identity document.  

Universign authenticates the Signatory via the Signatory’s telephone number as declared to Universign (by the Signatory themselves or by the Client), as applicable. 

The level-3 Electronic Signature is made via qualified Certificates compliant with the requirements of the ETSI EN 319 411-2 standard.

Article 5– GUARANTEES AND LIMITATIONS OF GUARANTEES

Within the context of the implementation of the level-3 Electronic Signature, Universign guarantees the use of a qualified Certificate whose issuance is subject to the verification of the Signatory’s identity via appropriate means, compliant with French law.

Subject to the Users’ respect for the applicable TCU and SCU, Universign ensures the enforceability of Electronic Signatures created through the service, within the meaning of European regulations.

In no case will Universign verify that the Service corresponds to the legal regimes applicable to the Documents. Consequently, the provision of the Service does not exempt Users from the responsibility to analyze and verify applicable legal or regulatory requirements.

Article 6– STORAGE OF DOCUMENTS

Unless otherwise agreed between the Parties, Universign stores the Documents signed via the Service so as to preserve their integrity. Storage allows the Client and the Signatory to consult signed Documents online, and ensures their Conservation, return, and/or destruction.

The function of the Conservation service is to guarantee, for the duration of Storage, the integrity of signed documents and the extension of the reliability of Electronic Signatures beyond their period of technological validity.

Universign reserves the right to store signed Documents with a specialist subcontractor.

If Storage is carried out by Universign and unless otherwise agreed between the Parties, the Documents are stored from their filing until the occurrence of one of the following events: 

– Fifteen (15) years after the date of the Document’s filing; 

– The closure of the User Account;

– Two (2) months after the end of a commercial agreement between Universign and the Client unless prolonged by a period of reversibility.

It is the User’s responsibility to take any provisions so as to conserve Documents no longer stored by the Service in a way that is durable and ensures their integrity.

Article 7 – USERS’ OBLIGATIONS

7.1. – Client’s obligation

The Client undertakes to ensure:

-that the content of the Documents is legal and will not allow the performance of illegal acts or those contrary to applicable laws and regulations;

-that the content of the Documents does not infringe on the privacy of persons and/or the provisions relating to the protection of personal data and/or competition law, and/or consumer law;

-if applicable, if the Client acts as a trader or professional, that it respects the obligations imposed thereupon with regard to its status, particularly in terms of compulsory mentions and the transmission of signed Documents.

The use of the Service outside of these guarantees engages the Client’s exclusive liability.

7.2. – Signatory’s obligations

The Signatory undertakes to:

-to provide Universign with exact information for the use of the Service, in particular its identification and authentication data (full name, email address, telephone number, etc.);

-to ensure the confidentiality of its username or confidential code(s) delivered thereto.

Article 8 – LIMITATIONS OF LIABILITY

Universign does not control the content of Documents and as such its liability may not be engaged with regard to the value and/or validity of the content of Documents, or lack thereof.

Universign’s liability may not be engaged for consequences of decisions that may have been taken or actions that may be undertaken based on these Documents (whether signed or not).

Universign cannot be held liable for inappropriate use of the Service with regard to the regulations applicable to Documents.

Article 8– POLICIES AND STANDARDS

Universign undertakes to comply with the policies and standards mentioned in the following table.   

These policies are published on the publication Site. They are audited according to the EN 319 403 standard by an accredited body.

Article 9– EVIDENCE FILE

For level-2 and 3 signatures only, Universign will provide Users with the Data extracted from its event log contributing to establishing proof of the constituent operations of an Electronic Signature, subject to the presentation of the appropriate supporting document. 

This Data will be transmitted in the form of a file attesting to the authenticity of said Data and stamped via an Electronic Certificate in Universign’s name.

The request for access to Data will be made according to the conditions provided in the Contract Annex “Evidence-file access conditions”. 

Said file will be transmitted as soon as possible as of the receipt of the appropriate supporting document. 

After the termination or expiry of this Contract for any reason, the legal Evidence files will be stored for a duration of 15 years from the date of the Transaction subject to (i) disagreement, (ii) inspection, or (iii) judicial requisition.

Specific terms of use of time-stamping service

These Specific Conditions of Use of Timestamping (hereinafter “Specific Conditions of Use” or “SCU”) are intended to define the conditions specifically applicable to the Timestamping services proposed by Cryptolog International, simplified joint-stock company (SAS), with registered office at 33 Pl. Ronde 92800, Puteaux, Nanterre Commercial Registry No 439 129 164 (hereinafter “Universign”).

DEFINITIONS

Unless otherwise provided, terms beginning with a capital letter will have the meaning attributed in this article and may be used both in the singular and in the plural, according to context.

API: refers to the programmatic access interface for Universign Services.

Client: refers to a natural or legal person (i) having subscribed to the Terms and Conditions of Sale – SaaS or (ii) having signed a separate commercial agreement with Universign.

User Account or Account: refers to the computer resources attributed to the User by Universign, allowing the former to access the Service.  

Terms and Conditions of Use (TCU): refers to the terms and conditions of use applicable to all Services provided by Universign. They are available on the Website.

Specific Conditions of Use (SCU): refers to the specific conditions of use of the Service they govern. They are available on the Website.

Documentation: refers to the technical and functional documentation, as well as the Service’s instructions for use. It is provided in electronic form. Any other documentation is excluded hereunder, in particular commercial documentation and training documentation.

Service: refers to the set of services and software solutions that Universign undertakes to provide to the User under this Agreement.

Timestamping: refers to a process making it possible to prove that a Document existed at a given moment, through the use of Timestamps.

Timestamping Policy (TP): refers to all the rules to which the TA complies for the implementation of the Timestamping Service.

User: refers to a natural or legal person using this Service. 

Article 1 – PURPOSE

These Specific Conditions of Use associated with the Terms and Conditions of Use define the conditions applicable to the Services.

Article 2 – CONTRACTUAL DOCUMENTS

The SCU form an indivisible whole with the TCU. They prevail in any event over any Client terms and conditions of purchase. 

Universign reserves the right to modify these SCU at any time and without notice. 

The SCU are made available by Universign on its Website. They may be downloaded in PDF format.

ARTICLE 3 – TIMESTAMPING SERVICE

The Service allows for the timestamping of Documents via Timestamps issued according to the Timestamping Policy which more precisely describes the Service’s implementation and organization.

3.1. Access to the Service

The Signatory may benefit from the Service offered as long as they have:

– Suitable computer equipment to access the Service;

– A User Account.

Use of the Service through API requires the configuration of the User’s information system according to the instructions provided in the Documentation.

3.2. Use of the Service

The User delivers the Document to be timestamped to the Service, via the Universign API, in accordance with the Documentation.

In response to the User’s request, the Service delivers a Timestamp whose constituent elements are described in the Timestamping Policy.

3.3. Service description

The Service must not be used to establish proof that an email has been sent to or received by a recipient. The Service does not constitute a registered electronic-delivery service. The Service must not be used for the purpose of identifying the author or origin of the Document.

3.4. Guarantees and limitations of guarantees

Subject to the User’s respect for the applicable TCU and SCU, Universign ensures the enforceability of Timestamps created through the service, within the meaning of European regulations.

Timestamping carried out via the Service benefits from a presumption of accuracy of the date and time contained in the Timestamp and of the integrity of the Document to which said Timestamp relates.

The Timestamping Service is synchronized with universal coordinated time to ensure that Timestamps have a precision of one (1) second.

In case of any event affecting the Service’s security and which may impact Timestamps, appropriate information will be provided to Users via the Website.

Universign does not guarantee the Service’s suitability for the User’s needs. It is the User’s responsibly to verify this suitability, in particular by ensuring that the provisions of the Timestamping Policy meet its own requirements.

3.5. User’s obligation 

The User undertakes to verify the validity of Timestamps as of their reception according to the verification procedure described in the Timestamping Policy.

The information necessary for the performance of the Timestamp verification procedure described in the Timestamping Policy is available on the Website.

Outside of the cases provided for by the Timestamping Policy, Timestamps may be verified for five (5) years as of their issuance.

The User also undertakes to verify that the Timestamped document is indeed that transmitted to Universign for Timestamping.

The archiving of Timestamps falls under the exclusive responsibility of the User.

3.6. Data retention

In accordance with the Timestamping Policy and applicable regulations, Universign retains event logs regarding the Service’s functioning for a period of six (6) years.

3.7. Policies and standards

Universign undertakes to comply with the policies and standards mentioned in the following table.   

These Policies are published on the Website. They are audited according to the EN 319 403 standard by an accredited body.

Specific terms of use of electronic seal service

These Specific Conditions of Use of the Electronic-Seal Service (hereinafter “Specific Conditions of Use” or “SCU”) are intended to define the conditions specifically applicable to the Electronic-Seal services proposed by Cryptolog International, simplified joint-stock company (SAS), with registered office at 7 Rue du Faubourg Poissonnière, 75009 Paris, Paris Commercial Registry No 439 129 164 (hereinafter “Universign”).

DEFINITIONS

Unless otherwise provided, terms beginning with a capital letter will have the meaning attributed in this article and may be used both in the singular and in the plural, according to context.

API: refers to the programmatic access interface for Universign Services.

Certification Authority (CA): refers to the authority in charge of the creation, issuance, management and revocation of Certificates under the Certification Policy. 

Electronic Seal: refers to the procedure making it possible to guarantee the integrity of a sealed Document and to identify the origin of said Document through the Certificate used for its sealing.

Electronic Certificate or Certificate: refers to the electronic file issued by the Certification Authority including the identification elements of its Holder and a cryptographic key facilitating the verification of the Electronic Seal for which it is used. 

Qualified Certificate: refers to a Certificate meeting the requirements of article 28 or 38 of European Regulation 910/2014 of 23 July 2014.

Client: refers to a natural or legal person (i) having subscribed to the Terms and Conditions of Sale – SaaS or (ii) having signed a separate commercial agreement with Universign.

User Account or Account: refers to the computer resources attributed to the User by Universign, allowing the former to access the Service.  

Terms and Conditions of Use (TCU): refers to the terms and conditions of use applicable to all Services provided by Universign. They are available on the Website.

Specific Conditions of Use (SCU): refers to the specific conditions of use of the Service they govern. They are available on the Website.

Documentation: refers to the technical and functional documentation, as well as the Service’s instructions for use. It is provided in electronic form. Any other documentation is excluded hereunder, in particular commercial documentation and training documentation.

Certification Policy (CP): refers to all the rules to which the CA complies for the implementation of the certification service. 

Holder: refers to the natural or legal person identified in the Certificate, having control over the private key corresponding to the public key. 

Service: refers to the set of services and software solutions that Universign undertakes to provide to the User under this Agreement.

User: refers to a natural or legal person using this Service. 

Article 1 – PURPOSE

These Specific Conditions of Use associated with the Terms and Conditions of Use define the conditions applicable to the Services.

Article 2 – CONTRACTUAL DOCUMENTS

The SCU form an indivisible whole with the TCU. They prevail in any event over any Client terms and conditions of purchase. 

Universign reserves the right to modify these SCU at any time and without notice. 

The SCU are made available by Universign on its Website. They may be downloaded in PDF format.

Article 3 – ELECTRONIC-SEAL SERVICE

3.1. – Access to the Service  

Access to the Service requires: 

-Suitable software and hardware equipment to access the Service; 

-A User Account; 

-A legal-person Certificate associated with cryptographic keys compliant with one of the Certification Policies mentioned herein. 

Access to the Service through API requires the configuration of the User’s information system according to the instructions provided in the Documentation.  

The Documentation is provided by Universign upon the User’s request, after the creation of its Account.

3.2. – Use of the Service 

The User delivers the Document to be sealed to the Service, via the API, in accordance with the Documentation.

In response to the User’s request, the Service delivers the Document to which an Electronic Seal has been affixed.

3.3 – Limitations of use 

The Service makes it possible to attach an Electronic Seal to a Document. It must not be used to establish proof of consent from the Holder of the Certificate used for the Electronic Seal. The Electronic Seal does not constitute an electronic signature within the meaning of European regulations.

Article 4 – CATEGORIES OF ELECTRONIC SEAL

The Service allows the implementation of two categories of Electronic Seal, whose legal effects are recognized by applicable regulations across the European Union.  

4.1. Level-1 Electronic Seal 

Category-1 Electronic Seals are created via Certificates compliant with the requirements of the ETSI EN 319 411-1 standard, which provides in particular the possibility of remote verification of the Holder’s identification data. 

4.2 Level-2 Electronic Seal 

Category-2 Electronic Seals are created via Qualified Certificates compliant with the requirements of the ETSI EN 319 411-2 standard, which provides in particular the verification of Holder supporting documents in the presence of its expressly authorized representative.

Article 5– GUARANTEES AND LIMITATIONS OF GUARANTEES

Subject to the User’s respect for the applicable TCU and SCU, Universign ensures the enforceability of Electronic Seals created through the service, within the meaning of European regulations.  

Universign does not guarantee the Service’s suitability for the User’s needs. It is the User’s responsibly to verify this suitability, in particular by ensuring that the provisions of the Certification Policy meet its own requirements.

Article 6 – USER’S OBLIGATIONS

The User also undertakes to verify that the sealed Document is indeed that transmitted to Universign for the creation of an Electronic Seal. 

The Service will carry out not archiving of sealed Documents, with this remaining the responsibility of Clients.

ARTICLE 7 – DATA RETENTION

Universign retains event logs regarding the Service’s functioning for a period of fifteen (15) years from the sealing date.

ARTICLE 8 – LIABILITY

The User undertakes to provide Universign with exact information for the use of the Service. 

The archiving of sealed Documents falls under the exclusive responsibility of the User.

Article 9 – POLICIES AND STANDARDS

Universign undertakes to comply with the policies and standards mentioned in the following table:   

These policies are published on the Website. They are audited according to the EN 319 403 standard by an accredited body.

Specific terms of use of cryptographic key management service

These Specific Conditions of Use (hereinafter “Specific Conditions of Use” or “SCU”) are intended to define the conditions for accessing and using the Cryptographic Key Management Service proposed by Cryptolog International, simplified joint-stock company (SAS) with registered office at 7 Rue du Faubourg Poissonnière, 75009 Paris, Paris Commercial Registry No 439 129 164 (hereinafter “Universign”).

DEFINITIONS

Unless otherwise provided, terms beginning with a capital letter will have the meaning attributed in this article and may be used both in the singular and in the plural, according to context.

Bi-Key: refers to a pair of cryptographic keys composed of a private key and a public key associated with a Certificate issued by the Certification Authority.

Electronic Seal: refers to the procedure making it possible to guarantee the integrity of a sealed Document and to identify the origin of said Document through the Certificate used for its sealing.

Electronic Certificate or Certificate: refers to an Electronic Document issued by the Certification Authority including the identity of the Certificate holder and a public cryptographic key, used during Signature or Electronic Seal verification to check that the Signatory or issuer is indeed the holder of the Certificate.

Client: refers to a natural or legal person (i) having subscribed to the Terms and Conditions of Sale – SaaS or (ii) having signed a separate commercial agreement with Universign.

User Account or Account: refers to the computer resources attributed to the User by Universign, allowing the former to access the Service.  

Terms and Conditions of Use (TCU): refers to the terms and conditions of use applicable to all Services provided by Universign. They are available on the Website.

Specific Conditions of Use (SCU): refers to the specific conditions of use of the Service they govern. They are available on the Website.

Registration file: refers to the file on which the Certificate application is based, containing the information and supporting documents required by the CP.

Authorized Persons: refers to the natural person responsible for the lifecycle of the Electronic-Seal Certificate. This is a legal representative of the Holder or a person duly mandated to this effect by a legal representative of the Holder.

Certification Policy (CP): refers to the set of rules, identified by a number (OID), defining the requirements with which a CA complies in the implementation and provision of its services.

Validation Policy (VP): refers to all the rules to which the VA complies for the implementation of the Signature and Seal Validation Service. 

Holder: refers to the natural or legal person identified in the Certificate, having control over the private key corresponding to the public key.

Service(s): refers to the Electronic-Signature, Electronic-Seal or Timestamping service(s), as well as the associated services that Universign undertakes to provide to the User in SaaS mode. 

Electronic Signature or Signature: refers to a procedure making it possible to guarantee the integrity of the signed Document and to demonstrate the consent of the Signatory it identifies.

User: refers to a user of the Services who may be, as applicable, a Client, its employees or subcontractors, or a third-party Signature invited to use the Services as part of their provision by a Client. 

Article 1 – PURPOSE

These Specific Conditions of Use associated with the Terms and Conditions of Use define the conditions applicable to the Services.

ARTICLE 2 – CONTRACTUAL DOCUMENTS

The SCU form an indivisible whole with the TCU. They prevail in any event over any Client terms and conditions of purchase. 

Universign reserves the right to modify these SCU at any time and without notice. 

The applicable SCU, as well as previous versions, are permanently accessible on the Website, and in a format allowing their printing and/or download by the User.    

Article 3 – CRYPTOGRAPHIC-KEY SERVICE

3.1. – Access to the Service  

Access to the Service requires: 

– The creation of a User Account; 

– A means of personal authentication accepted by Universign (e.g., personally attributed cell-phone number); 

– Subscription to the Certification Service.

The conditions for the issuance, management, and revocation of Certificates are provided by the Certification Policy.

3.2. – Use of the Service 

For the creation of the Electronic Signature, the Bi-Key associated with the Certificate is activated remotely after authentication of the Holder via a confidential code delivered to the telephone number declared to Universign.

For the creation of the Electronic Seal, the Bi-Key associated with the Certificate is activated remotely after authentication of the Holder or of an Authorized Person via a unique username.

Uses of the Bi-Key by the Authorized Persons are deemed to be those of the Holder.

3.3. – Limitations of use 

Universign does not guarantee the Service’s suitability for the User’s needs. It is the User’s responsibility to verify this suitability.

Article 4 – USER’S OBLIGATIONS

The User undertakes to ensure the security of its means of authentication so as to avoid the use of the Bi-Key by unauthorized third parties.

In particular, it undertakes to take the necessary measures to guarantee the confidentiality of the means of activation transmitted by Universign and to implement measures making it possible to retain the Bi-Key under the exclusive control of Authorized Persons.

Article 5 – UNIVERSIGN’S OBLIGATIONS

Universign undertakes to manage and activate the Holder’s Bi-Key in a cryptographic device with algorithms compatible with the requirements of the CP corresponding to the Certificate.

The cryptographic-key management service allows the Holder to keep the Bi-Key under its exclusive control in order to create Electronic Signatures.

The cryptographic-key management service allows the Holder and Authorized Persons to keep the Bi-Key under their control in order to create Electronic Seals.

Universign ensures the protection of the Bi-Key’s private key in order to guarantee its integrity and confidentiality.

Universign ensures, by appropriate means, that the Bi-Key can no longer be used after the expiry or revocation of the Certificate.

Except for the guarantees expressly provided for by the Agreement, Universign excludes any other express or implicit guarantee, including any implicit guarantee of suitability with a specific use or of satisfaction of the Holder’s requirements.

Article 6 – LIABILITY

The User undertakes to provide Universign with exact information for the use of the Service. 

Article 7 – INTELLECTUAL PROPERTY

A Bi-Key use license is granted to the Holder, and to Authorized Persons, for the provision of Electronic-Signature and/or Seal Services.

Article 8 – DATA RETENTION

Universign retains the data concerning the control of User identification data, and event logs linked to the use of the Bi-Key are retained under conditions compliant with the personal-data protection policy available on the Website.

Specific terms of use of Validation

These Specific Conditions of Use of the Electronic-Signature and Seal Validation Service (hereinafter “Specific Conditions of Use” or “SCU”) are intended to define the conditions specifically applicable to the Electronic-Signature service proposed by Cryptolog International, simplified joint-stock company (SAS) with registered office at33 Pl. Ronde 92800, Puteaux, Nanterre Commercial Registry No 439 129 164 (hereinafter “Universign”).

DEFINITIONS

Unless otherwise provided, terms beginning with a capital letter will have the meaning attributed in this article and may be used both in the singular and in the plural, according to context.

Certification Authority (CA): refers to the authority in charge of the creation, issuance, management and revocation of Certificates under a Certification Policy. 

Preservation Authority (PA): refers to the authority in charge of the conservation of Electronic Signatures, working in particular through controls carried out on these elements and methods for the extension of Signature reliability beyond their period of technological validity.

Validation Authority (VA): refers to the authority in charge of the validation of Signatures and Seals under the Validation Policy. 

Electronic Seal or Seal: refers to the procedure making it possible to guarantee the integrity of a sealed Document and to identify the origin of said Document through the Certificate used for its sealing.

Electronic Certificate or Certificate: refers to the electronic file issued by the Certification Authority including the identification elements of its Holder and a cryptographic key facilitating the verification of the Electronic Signature for which it is used. 

User Account or Account: refers to the computer resources attributed to the User by Universign, allowing the former to access the Service.  

Terms and Conditions of Use (TCU): refers to the terms and conditions of use applicable to all Services provided by Universign. They are available on the Website.

Specific Conditions of Use (SCU): refers to the specific conditions of use of the Service they govern. They are available on the Website.

Document: refers to a set of structured electronic data having formed the subject of an Electronic Signature or Seal, whose procedure is subject to validation as part of the Service.

Holder: refers to the natural or legal person identified in the Certificate, having control over the private key corresponding to the public key.

Certification Policy (CP): refers to all the rules to which the CA complies for the implementation of the certification service. 

Validation Policy (VP): refers to all the rules to which the VA complies for the implementation of the Signature and Seal Validation Service. 

Holder: refers to the natural or legal person identified in the Certificate, having control over the private key corresponding to the public key.

Validation Report: refers to the document issued by Universign following analysis of the Signature or Seal of a signed or sealed document. 

eIDAS Regulation: refers to the Regulation 910/2014/EU on electronic identification and trust services for electronic transactions within the internal market, known as the “eIDAS” regulation.

Electronic Sealing or Sealing: refers to a procedure making it possible to guarantee the integrity of a sealed Document and to identify the origin of said Document through the Certificate used for its sealing.

Service(s): refers to the set of services and software solutions that Universign undertakes to provide to the User under this Agreement.

Electronic Signature or Signature: refers to a procedure making it possible to guarantee the integrity of the signed Document and to demonstrate the consent of the Signatory it identifies.

Website: refers to the website www.universign.com.

User: refers to the natural person using the Service. 

Article 1 – PURPOSE

These Specific Conditions of Use associated with the Terms and Conditions of Use define the conditions applicable to the Services.

Article 2 – CONTRACTUAL DOCUMENTS

The SCU form an indivisible whole with the TCU. They prevail in any event over any other terms and conditions of purchase. 

Universign reserves the right to modify these SCU at any time and without notice. 

These modifications are brought to the User’s knowledge through electronic message delivered thirty (30) days before their entry into force at the latest.

In case of disagreement with these updates, the User may terminate the Contract within the fifteen (15) days following receipt of the electronic message by delivering written notification to Universign, within said period. 

After this period, or by continuing to use the Services following said modifications, the User consents to the SCU’s update.

The applicable SCU, as well as previous versions, are permanently accessible on the Website, and in a format allowing their printing and/or download by the User.   

Before using the Service, the User declares to have read and accepted these SCU, completed by the TCU.

Article 3 – ELECTRONIC-SIGNATURE AND SEAL VALIDATION SERVICES

The Signature and Seal validation Service allows a User to validate a Signature and Seal previously carried out.

3.1. Access to the Service

The User may benefit from the Service offered as long as it has:

-Suitable computer equipment to access the Service;

-A valid and personal email address (for which it controls access);

-A Universign User Account.

3.2. Service description

The validation process for a Signature in a signed Document or a Seal in a sealed Document is based on the following steps:

Step 1: Import of the signed or sealed Document

Via its User Account, the User imports a previously signed or sealed Document in order to verify its validity.

Step 2: Verification of the signed or sealed Document

For each Signature or Seal contained in a signed or sealed document, the Service verifies that:

– The Certificate on which the signature was based was, at the time of the Signature, a Certificate compliant with the provisions of the eIDAS Regulation;

– The Certificate used was issued by a qualified trust-services provider and was validated at the time of the Signature or Sealing;

– The Signature or Seal’s validation data correspond to the data communicated to the User;

– The unique set of data representing the Signatory in the Certificate is correctly provided to the User;

– The Signature or Seal, if qualified, were created via a device for the creation of qualified Electronic Signatures or Seals;

– The integrity of signed or sealed data has not been compromised;

Step 3: Issuance and delivery of the Validation Report

Following analysis of a signed or sealed Document, Universign will issue a Validation Report which is then made available to the User via API once.

Article 4– GUARANTEES AND LIMITATIONS OF GUARANTEES

Subject to the Users’ respect for the applicable TCU and SCU, Universign ensures the enforceability of the content of Validation Reports created through the service, within the meaning of European regulations.

Furthermore, Universign guarantees the provision of a Service compliant with the Validation Policy.

Universign does not guarantee the Service’s suitability for the User’s needs. It is the User’s responsibly to verify this suitability, in particular by ensuring that the provisions of the Validation Policy meet its own requirements.

The use of the Service outside of these guarantees engages the User’s exclusive liability.

Article 5– STORAGE OF VALIDATION REPORTS

Universign only stores Validation Reports generated through the Service, in such a way as to preserve their integrity. 

Sealed or signed Documents imported for the needs of the Services are deleted from the servers once the analysis step has been completed.

Universign reserves the right to store signed Validation Reports with a specialist subcontractor.

The Validation Reports and the event logs are stored for seven (7) years after their issuance in accordance with application regulations.

However, it is specified that it is the User’s responsibility to take any provisions to retain the Validation Report transmitted thereto after analysis, as this cannot be subsequently re-communicated by Universign.

Article 6 – USERS’ OBLIGATIONS

The User also undertakes to verify that the signed or sealed Document subject to validation as part of this Service is indeed that transmitted to Universign. 

The Service will carry out not archiving of signed or sealed Documents subject to validation, with this remaining the responsibility of Users.

Article 7 – LIMITATIONS OF LIABILITY

Universign does not control the content of Documents signed or sealed subject to validation as part of the Service, and as such its liability may not be engaged with regard to the value and/or validity of the content of the Documents, or lack thereof.

Universign cannot be held liable for inappropriate use of the Service.

Article 8– POLICIES AND STANDARDS

Universign undertakes to comply with the policies and standards mentioned in the following table.   

These policies are published on the Website. They are audited according to the EN 319 403 standard by an accredited body.

Article 9– VALIDATION REPORT

After analysis of the signed or sealed Document that the User wishes to validate via the Service, a Validation Report is issued by Universign.

For each Signature/Seal present in the Document, it contains the following information:

– the overall validation status of each Signature/Seal;

– the Signature/Seal’s ID (in the form of a hash);

– the constraints applied during validation with a status (indicating the success of the verification carried out or any errors encountered);

– the date and time of validation.

The Validation Report will be transmitted in the form of a file attesting to the authenticity of the data it contains and stamped via an Electronic Certificate in Universign’s name.

Specific terms of use of  Conservation

These Specific Conditions of Use of the Electronic-Signature Validation Service (hereinafter “Specific Conditions of Use” or “SCU”) are intended to define the conditions specifically applicable to the Electronic-Signature service proposed by Cryptolog International, simplified joint-stock company (SAS) with registered office at 33 Pl. Ronde 92800, Puteaux, Nanterre Commercial Registry No 439 129 164 (hereinafter “Universign”).

DEFINITIONS

Unless otherwise provided, terms beginning with a capital letter will have the meaning attributed in this article and may be used both in the singular and in the plural, according to context.

Certification Authority (CA): refers to the authority in charge of the creation, issuance, management and revocation of Certificates under the Certification Policy. 

Preservation Authority (PA): refers to the authority in charge of the conservation of Electronic Signatures, working in particular through controls carried out on these elements and methods for the extension of Signature reliability beyond their period of technological validity.

Electronic Certificate or Certificate: refers to the electronic file issued by the Certification Authority including the identification elements of its Holder and a cryptographic key facilitating the verification of the Electronic Signature for which it is used. 

Client: refers to a natural or legal person (i) having subscribed to the Terms and Conditions of Sale – SaaS or (ii) having signed a specific commercial agreement with Universign to use this Service, if applicable.

User Account or Account: refers to the computer resources attributed to the User by Universign, allowing the former to access the Service.  

Terms and Conditions of Use (TCU): refers to the terms and conditions of use applicable to all Services provided by Universign. They are available on the Website.

Specific Conditions of Use (SCU): refers to the specific conditions of use of the Service they govern. They are available on the Website.

Conservation: refers to the associated service consisting of the implementation of procedures and technologies making it possible to extend the reliability of Electronic Signatures for a fixed period.

Timestamp: refers to a structure which links a Document to a specific moment, therefore offering proof that it existed at that time.

Document:  refers to a set of structured electronic data having formed the subject of an Electronic Signature and which may form the subject of processing as part of the Conservation Service forming the subject hereof.

Certification Policy (CP): refers to all the rules to which the CA complies for the implementation of the certification service. 

Preservation Policy (PP): refers to all the rules to which the PA complies for the implementation of the Conservation Service. 

Holder: refers to the natural or legal person identified in the Certificate, having control over the private key corresponding to the public key.

Service(s): refers to the set of services and software solutions that Universign undertakes to provide to the User under this Agreement.

Electronic Signature or Signature: refers to a procedure making it possible to guarantee the integrity of the signed Document and to demonstrate the consent of the Signatory it identifies.

Electronic Sealing or Sealing: refers to a procedure making it possible to guarantee the integrity of a sealed Document and to identify the origin of said Document through the Certificate used for its sealing.

Website: refers to the website www.universign.com.

Storage: refers to the service associated with the Electronic-Signature Service consisting of the option to store Documents signed on Universign’s servers, electronically via its solutions.

User: refers to a natural person using the Service. 

Article 1 – PURPOSE

These Specific Conditions of Use associated with the Terms and Conditions of Use define the conditions applicable to the Services.

Article 2 – CONTRACTUAL DOCUMENTS

The SCU form an indivisible whole with the TCU. They prevail in any event over any terms and conditions of purchase. 

Universign reserves the right to modify these SCU at any time and without notice. 

These modifications are brought to the User’s knowledge through electronic message delivered thirty (30) days before their entry into force at the latest.

In case of disagreement with these updates, the User may terminate the Contract within the fifteen (15) days following receipt of the electronic message by delivering written notification to Universign, within said period. 

After this period, or by continuing to use the Services following said modifications, the User consents to the SCU’s update.

The applicable SCU, as well as previous versions, are permanently accessible on the Website, and in a format allowing their printing and/or download by the User.    

Before using the Service, the User declares to have read and accepted these SCU, completed by the TCU.

Article 3 – CONSERVATION SERVICE

The Conservation Service makes it possible to extend the reliability of Documents forming the subject of Electronic Signature beyond their period of technological validity, in accordance with the Preservation Policy which more precisely describes the Service’s implementation and organization.

3.1. Access to the Service

Access to the Service is an option included in the Electronic-Signature service provided by Universign.

It requires suitable computer equipment to access the Service and:

– a User Account or;

– an account attributed by a Client as part of its organization when the Service is used via APIs.

By default, the Service is provided to all Clients storing electronically signed Documents with a Universign solution.

It may be disabled upon the Client’s request.

3.2. Use of the Service

When electronically signed Documents are stored by Universign, the latter carries out processing via its solution allowing the reliability of the Signatures said Documents contain to be extended beyond their period of technological validity.

The Service therefore includes all elements described in the Preservation Policy within the electronically signed Document.

3.3. Limitations of Use

The Service does not constitute an electronic archiving service, particularly with regard to the NF Z42-013 standard.

Article 4– GUARANTEES AND LIMITATIONS OF GUARANTEES

Furthermore, Universign guarantees the provision of a Service compliant with the Preservation Policy.

Universign does not guarantee the Service’s suitability for the User’s needs. It is the User’s responsibly to verify this suitability, in particular by ensuring that the Services, as well as the provisions of the Preservation Policy, meet its own requirements.

The use of the Service outside of these guarantees engages the User’s exclusive liability.

Article 5– STORAGE OF DOCUMENTS

It is the User’s responsibility to take any provisions to store electronically signed Documents that have been Preserved, as these Documents are not stored by the Service.

Article 6 – DATA RETENTION

Universign keeps event logs relating to the operation of the Preservation Service for a period of fifteen (15) years.

Article 7 – LIMITATIONS OF LIABILITY

Universign does not control the content of Documents processed as part of the Services, and as such its liability may not be engaged with regard to the value and/or validity of the content of said Documents, or lack thereof.

Universign’s liability may not be engaged for consequences of decisions that may have been taken or actions that may be undertaken based on these Documents for which reliability has been extended beyond the period of technological validity.

Article 8 – POLICIES AND STANDARDS

Universign undertakes to comply with the policies and standards mentioned in the following table.   

These policies are published on the publication Site. They are audited according to the EN 319 403 standard by an accredited body.