This document sets forth the General Terms of Use (GTU) of Coffreo Services by the Recipient (hereafter referred to collectively as "the Parties"). Please take the time to read them carefully. These GTU are accessible on the Coffreo website upon your registration.
1. Definitions.
The terms defined below will have the following meanings for the Parties, whether used in the singular or plural in these GTU:
1.1 Coffreo: Coffreo SAS is a simplified joint stock company, established at 5 RUE GUY MOQUET, FR-91400 ORSAY, FRANCE registered in the Evry Trade and Companies Register under number B 498 277 805, with an intra-community VAT number FR86 498 277 805. Coffreo develops and markets the Services described on the Website.
1.2 Coffreo Services or Services: A combination of products, software, service offerings, and websites (including the Coffreo Website), which are provided by Coffreo and described on the Coffreo Website.
1.3 Coffreo Website or Website: The website located at coffreo.com, coffreo.pro, coffreo.biz, and any other site created by Coffreo that allows the Recipient to create and manage their account. These GTU apply to all Coffreo websites.
1.4 Document: Any electronic document automatically made available by Coffreo's Partner to the Recipient in their Personal or Professional Account.
1.5 Electronic Signature Service: A service that enables signing a Document with a Personal or Professional Account.
1.6 Recipient: Any natural person (individual) or legal entity who has successfully registered to use the Coffreo Services and who is not a Partner.
1.7 Partner: Any person who enters into a service provision contract with Coffreo and wishes to interact with a Recipient.
1.8 Personal Account: An account created on the Coffreo Website by the Recipient (individual) which allows, among other things, for the Recipient to receive what has been transmitted by the Partner, including Documents. The Recipient may view, validate, sign, archive, etc., their Documents.
1.9 Professional Account: An account opened on behalf of and in the name of the Recipient, a legal entity, within the Website, enabling the Recipient to receive what has been transmitted by the Partner, including Documents. The Recipient may view, validate, sign, archive, etc., their Documents.
1.10 File: Any Document or electronic file uploaded by the Recipient to the Website.
1.11 Third-Party Services: Products, software, services, and websites provided by a third party and accessible from the Coffreo Website.
1.12 Personal Data: Any information relating to an identified or identifiable natural person.
1.13 Processing of Personal Data: Any operation or set of operations performed on Personal data or sets of Personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
1.14 Data Controller: The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
1.15 Processor: A natural or legal person who processes Personal data on behalf of the Data Controller.
1.16 Data Subject: The natural person whose Personal data are processed.
2. Purpose of the Agreement and Modifications to the GTU.
2.1 These GTU govern the contractual relationship between Coffreo and the Recipient regarding the use of Coffreo Services.
2.2 Coffreo reserves the right to modify these GTU at any time, particularly to reflect any changes to the Coffreo Website and/or Services, as well as any legal, regulatory, jurisprudential, and/or technical developments. It is, therefore, necessary that the GTU be reread and accepted by the Recipient before each use of the Coffreo Website. Any proposed modifications by Coffreo will be communicated to the Recipient by any means necessary. If the Recipient does not wish to adhere to the new general terms, Coffreo reserves the discretionary right to terminate the contract in accordance with Article 12.2.4 of the GTU. If the Recipient continues to use the Coffreo Website and/or Services after such notification, it implies acceptance of the modified GTU from the date they take effect.
3. Scope of the Service
3.1 The Recipient may use the Coffreo Services following an invitation from a Partner. The Recipient may interact with multiple Partners. Coffreo Services allow Recipients to upload Files, exchange data, sign, view, share, and download Documents.
3.2 The Coffreo Services notably include the archiving of Documents for the account of the Recipient for a duration compliant with current legislation. Coffreo will inform the Recipient at least thirty (30) days before the expiration of the archiving period. If the Recipient wishes, and upon request, the Documents can be kept longer, and this extension will be charged by Coffreo at the current rate. The request must be sent at least 15 days before the end of the archiving period. If the Recipient does not inform Coffreo in writing of their desire to retain their Documents, they will be destroyed by Coffreo.
3.3 The operation and maintenance of servers dedicated to the Services are ensured continuously to guarantee the proper functioning of the Services. Coffreo may suspend these Services for maintenance or update purposes. Coffreo will endeavor to inform the Recipient prior to the implementation of these operations.
3.4 Third-Party Services Settings: The Recipient’s Personal or Professional Account may be configured to include Third-Party Services, particularly those enabling signatures. The Recipient is advised that accepting these GTU does not imply acceptance of the access rules for Third-Party Services provided by third parties under their sole responsibility. In this regard, the Recipient is invited to consult the documentation made available by each of the Third-Party Services. The Third-Party Service will be governed by the contractual terms of the third party, and Coffreo will remain external to the contractual relationship between the Recipient and the third party.
3.5 Disclaimer Regarding Third-Party Website Content: It is expressly understood that Coffreo cannot be held liable for the content of third-party websites accessible via a hyperlink on the Coffreo Website.
4. Subscription to Services
4.1 To subscribe to Coffreo Services, the Recipient must have a valid email address and mobile phone number, which can be used to identify them individually.
4.2 Upon subscription to the Services, the Recipient shall provide accurate identification information, including civility, first name, last name, date of birth, postal address, email address, and mobile phone number (some of these details are not required for Professional Accounts). Throughout the duration of the provision of Services, the Recipient acknowledges holding the declared mobile phone number (when required for the use of the Services) and email address. The Recipient shall update these details immediately in their Personal or Professional Account should any changes occur. Coffreo cannot be held liable if the Recipient provides incorrect, outdated, or misleading identity information.
5. File Management
The Recipient may upload electronic format Files to the Website. Usage restrictions, including the size of acceptable Files, are available on the Website and may change over time. The Recipient acknowledges regularly reviewing these restrictions. The number of Files and the means to preserve them may vary depending on the contracted Services.
To consult and view the aforementioned Files, the Recipient must first log in and ensure that they have the appropriate software to read them. Coffreo allows the Recipient to access the Services and Files at any time and from any location, subject to the availability of the Services and provided that the Recipient complies with the technical conditions specified herein. Tools are available for the Recipient to manage the deposited Files, depending on the contracted Services. These tools are aids; they do not absolve the Recipient of the responsibility to maintain vigilance concerning the adherence to legal, regulatory, and contractual deadlines related to the Files they have deposited.
6. Obligations of the Recipient
6.1 The Recipient must meet the technical requirements specified on the Coffreo Website to access the Services. The Recipient is solely responsible for the compatibility of their IT equipment with Coffreo’s technological solutions.
6.2 The Recipient shall regularly check their Personal or Professional Account, the email address provided at registration, and the mobile phone number provided for new messages.
6.3 The Recipient shall comply with all applicable laws in connection with the use of the Coffreo Services. In this context, the Recipient particularly shall not store data or information that (i) could infringe on third-party rights; (ii) could be defamatory or insulting; (iii) could be violent or pornographic; or (iv) could incite the commission of illegal acts. If Coffreo is informed of the manifestly unlawful nature of a Document or File, it reserves the right to remove it.
Furthermore, it is the responsibility of the Recipient to protect their computer against viruses, spyware, Trojans, or other intrusive or destructive malware. In particular, the Recipient shall not take any action that could result in an unreasonable or excessive load on Coffreo's computer infrastructure.
6.4 Access Security: Access to the Coffreo Services is protected by a password. The Recipient's identifier is their email address, and chooses a personal and confidential password, which must be kept secret and protected from third-party access. Additionally, the Recipient is required to immediately inform Coffreo if there are indications that their access to the Coffreo Services has been misused by third parties. Generally, the Recipient is responsible for all activities conducted using their access data. The Account is personal and non-transferable.
The Recipient is solely responsible for the use of their identifier and password, including their assignment and conservation. It is advisable to change passwords regularly. The Recipient personally bears all risks associated with their disclosure or misuse. In case of password loss, Coffreo offers an online solution for recognition to provide a new password via email to the address known by the Coffreo Service.
6.5 The right to use the Coffreo Services granted to the Recipient under these GTU is personal and non-transferable.
7. Intellectual Property - Content Protection
The Recipient agrees to respect the intellectual property rights of Coffreo and third parties associated with the Website, the Services, and the Coffreo trademark. The elements found on the Website (logos, brands, trademarks, graphical lines and charts, texts, photos, data, etc.) are protected by intellectual property rights. Therefore, the Recipient shall not use, disseminate, or reproduce these elements without the prior written authorization of the intellectual property rights holders (Coffreo, Suppliers, Partners, etc.). Any unauthorized extraction and/or reuse of these elements is prohibited and may be subject to civil and criminal penalties.
8. Personal Data Protection
8.1 Data Processing by Coffreo: The Processing of Personal data is carried out by Coffreo as a Processor under the General Data Protection Regulation (GDPR) on behalf and under the instructions of the Partner, who acts as the Data Controller. The commitments regarding the protection of Personal data are specified in a data processing agreement between Coffreo and the Partner. The Data Controller is responsible for providing Data Subjects with information about the Processing of their Personal data.
8.2 Coffreo as Data Controller: Coffreo becomes the Data Controller for Personal data processing under two cumulative conditions: the creation of the Recipient's Account and the deposit of Documents or Files on the Website.
8.2.1 Purpose of Data Processing: The Personal data of Data Subjects are processed for the following purposes: (i) administrative, technical, and commercial management of the provision of Services to the Recipient and, more generally, the provision of Coffreo Services, (ii) security of the Coffreo Website and Services, (iii) development and offering of new Services, (iv) management of disputes and pre-disputes, (v) handling requests for exercising the rights of Data Subjects, (vi) conducting surveys among Data Subjects, (vii) performing audience measurements and aggregated statistics, (viii) handling requests from Data Subjects received by Coffreo via forms available on the Website.
8.2.2 Data Subject Rights: Data Subjects have the right to access, rectify, erase, and port their Personal data, to restrict the Processing of their Personal data, to object to the Processing of their Personal data, and to withdraw their consent under the conditions set by the GDPR. These rights can be exercised:
- through the support form available at https://app.coffreo.com or https://www.coffreo.pro
- by mail addressed to:
Coffreo
Support Service
BP 124
FR-91953 COURTABOEUF Cedex
Data Subjects also have the right to lodge a complaint with competent authorities, such as:
- The National Commission on Informatics and Liberty (CNIL) in France,
- The Federal Commissioner for Data Protection and Freedom of Information (BfDI) or the supervisory authority of the state of residence in Germany,
- The National Commission for Data Protection (CNPD) in Luxembourg.
8.2.3 Additional Information on Data Processing: Detailed information about the Processing of Personal data is available in Coffreo's privacy policy.
9. Data Security and Confidentiality
9.1 Coffreo employs a secure connection (https) for the transmission of information between the Recipient’s terminal device (computer, tablet, mobile phone, etc.) and Coffreo’s servers.
9.2 The Documents, Files, and information stored are confidential and reserved for the exclusive use of the Recipient. The Recipient is solely responsible for the content stored.
9.3 The Recipient authorizes Coffreo to perform an automatic analysis of the content of the Documents and Files deposited solely to facilitate the search, sorting, and/or presentation of information. This applies only to the extent necessary for the provision of the Coffreo Services used by the Recipient.
9.4 Coffreo will not transfer Documents, Files, or any other data to a third party without the Recipient’s authorization, unless such transfer is necessary for the provision of the Coffreo Services requested by the Recipient.
10. Liability
10.1 Coffreo is bound by an obligation of means in the context of these GTU.
10.2 Coffreo is liable to the Recipients only in cases of gross negligence or willful misconduct.
10.3 In the event of an occurrence of a force majeure event (as defined by applicable case law), Coffreo's obligations under these GTU shall be suspended for the duration of the event without liability or compensation to the Recipient. In such cases, Coffreo’s liability shall not be engaged. The Recipient may terminate their contractual relationship with Coffreo at any time in accordance with the provisions set out in Article 12 of these GTU.
10.4 The Recipient acknowledges the characteristics and limitations of the Internet, including technical performance, response times to consult, query, or transfer information, and the risks associated with the security of communications. The Recipient agrees that Coffreo cannot be held responsible for these characteristics and limitations. Moreover, the Recipient acknowledges that Coffreo cannot guarantee that the Services will meet their specific expectations or needs.
On the use of the Electronic Signature Service, Coffreo reminds that the Services cannot confer legal value to a Document if it was devoid of such value from the outset. However, this does not affect the validity of the electronic signature used within the framework of the Services concerning the law of the habitual residence of the Partner and European regulation (eIDAS).
10.5 Coffreo and the Recipient intend to establish, within the framework of the Services, the rules relating to admissible evidence between them in the event of a dispute and their probative force.
The following provisions thus constitute the evidence agreement made between the Parties, who commit to respecting this article.
The Parties agree to accept that in the event of a dispute, the identifiers and passwords and the electronic signature services used in the context of the Services are admissible in court and provide evidence of the data, consents, and facts they contain, as well as the signatures they express.
The Parties agree to accept that in the event of a dispute, time stamps are admissible in court and will prove the data and facts they contain.
The Parties agree to accept that in the event of a dispute, the exchanged documents, SMS, text messages, emails, notifications are admissible in court and provide evidence of the data and facts they contain.
The Parties recognize the legal validity and probative force of all Documents and, in general, any Document received and/or issued, whether signed or not by the Services. Contrary evidence may be provided by the Recipient.
11. Subcontracting
Coffreo reserves the right to have any or all of the Coffreo Services performed by any other company of their choice in subcontracting, with Coffreo remaining solely responsible towards the Recipient and liable to take recourse against their subcontractors.
12. Duration and Termination
12.1 These GTU are concluded for an indefinite period from the date of their acceptance. The Recipient will have access to the Services from this acceptance.
12.2.1 A Recipient who is a legal entity may terminate their contractual relationship with Coffreo at any time by writing via registered letter with acknowledgment of receipt to:
Coffreo
Support Service
BP 124
FR-91953 COURTABOEUF Cedex
The termination will take effect within a maximum of 30 days following the receipt of the termination request sent by the Recipient to Coffreo.
12.2.2 A Recipient who is a natural person may terminate their relationship with Coffreo at any time by writing:
- through the support form accessible on the page https://app.coffreo.com,
- or by mail addressed to:
Coffreo
Support Service
BP 124
FR-91953 COURTABOEUF Cedex
The termination will take effect within a maximum of 30 days following the receipt of the termination request sent by the Recipient to Coffreo.
12.2.3 The Documents and Files stored for the account of the Recipient will be destroyed and made inaccessible, along with the associated Account(s). It is the Recipient's responsibility to ensure that they download and save the Documents and Files deposited before sending their termination request and (if necessary) to inform their Partners of the termination.
12.2.4 If the Recipient rejects the new GTU proposed by Coffreo, or in the absence of a response within a reasonable period, COFFREO reserves the right to terminate the contractual relationship in the forms provided for in Articles 12.2.1 and 12.2.2 of these GTU. The Recipient will be able to access their Documents and Files for a period of ten (10) days from the sending of the termination notice by Coffreo to the Recipient's email address. After this period, the Services related to the Partner(s) will no longer function.
12.3.1 In the event of termination initiated by Coffreo, Coffreo terminates its relationship immediately upon sending the termination notice. The Recipient agrees to inform their Partners; Coffreo cannot be held liable on this basis. The Recipient will have access to their Documents and Files for a period of ten (10) days. After this period, the Documents and Files stored for the account of the Recipient will be destroyed and made inaccessible, along with the associated Account(s).
12.3.2 Coffreo reserves the right to terminate its contractual relationship with the Recipient if a Recipient has not logged in for ten (10) years to their Account and has not received Documents and/or Files from their Partners for ten (10) years.
12.3.3 Coffreo may discretionarily suspend access to the Services if the Recipient violates legal and/or contractual obligations or if Coffreo suspects that the Recipient is violating them seriously or repeatedly. Coffreo will inform the Recipient, who will have a period of seven (7) days to resolve the violation. If not resolved, Coffreo reserves the right to terminate the contractual relationship with immediate effect.
12.4 Coffreo may also suspend the Services immediately and without notice in case of a request by administrative or judicial authorities. In this case, the Recipient may not claim any compensation.
13. Non-waiver
No failure or delay by either Party in exercising any right under these GTU shall constitute a waiver of that right.
14. Miscellaneous
14.1 In case of a dispute related to the use of the Services, an individual Recipient has the possibility to send a written complaint to Coffreo at the address indicated on its website.
In case of an unsatisfactory response or no response from Coffreo, the individual Recipient has the option, within one year from their written complaint, to refer the matter to the Consumer Mediation Center of Justice Conciliators (CM2C), either by postal mail at 49 rue de Ponthieu 75008 Paris or online at https://www.cm2c.net/ to resolve the dispute.
The mediation phase shall not exceed 90 days from the receipt of the mediator's acknowledgment of the referral. During the mediation period, the Parties are prohibited from initiating any legal action against each other under these GTU. At the end of the mediation period and in the absence of a settlement, each Party may resume the right to take legal action. The recourse to the mediator is free, confidential, and voluntary. Coffreo bears the full cost of the mediation.
14.2 These GTU are governed by and interpreted in accordance with French law, subject to the application of the law of the country of residence of the individual Recipient acting as a consumer. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.
14.3 For all claims arising from or related to the use of the Coffreo Services, it is agreed that Évry is the exclusive place of jurisdiction, subject to a specific jurisdiction stipulated by law or regulation, particularly concerning disputes involving consumers.
14.4 The invalidity of any provision of these GTU does not affect the validity of the remaining provisions.
14.5 Any translation of the French version of these GTU is provided for convenience only. Only the French version is legally binding and governs the relations with Coffreo. In case of conflict between the French version of the GTU and any translation, the French version shall prevail.
Last update of the GTU: April 24, 2024