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Terms and conditions of sale and use

Version dated October 22, 2026

These terms and conditions of sale and use, hereinafter the “Terms”, govern access to and use of the CertiPhoto services. The French version is the reference version. The English and Italian translations are provided to make the Terms easier to understand.

1. Definitions

  • Application: the CertiPhoto mobile application for Android and iOS.
  • Portal: the web management area available from certi.photo or pro.certi.photo.
  • Service: all CertiPhoto features, including photo and video certification, the Portal, CertiLink, verification interfaces and, where enabled, the API.
  • Certificate: the PDF/A-3B electronic document produced by the Service, containing technical certification information and cryptographic fingerprints of the relevant content.
  • Credit: a unit of Service consumption. One credit normally certifies one photograph. A video may use between 10 and 25 credits depending on its options and processing.
  • User: any individual using the Service for themselves or on behalf of an organisation.
  • Business Account: an account linked to a company or organisation and managed according to the roles and quotas it defines.
  • Publisher: PROBANTIA SAS.

2. Publisher and contact details

CertiPhoto is published by PROBANTIA SAS, a French simplified joint-stock company with share capital of EUR 8,000, whose registered office is at 535 route des Lucioles, Les Aqueducs B3, 06560 Valbonne Sophia Antipolis, registered with the Grasse Trade and Companies Register under number 942 694 951, SIRET 942 694 951 00016, EU VAT number FR07 942 694 951.

Contact: secure form, contact@probantia.com, phone +33 9 72 19 84 15.

3. Purpose of the Service

CertiPhoto is designed to constitute digital evidence from photographs and videos captured with the Application. In particular, the Service associates captured content with cryptographic fingerprints, technical data, device checks, time information and, where conditions allow, geolocation information.

The Certificate is electronically signed by an identifiable issuer. Depending on the applicable plan and account, it may include a qualified electronic timestamp within the meaning of the eIDAS Regulation. The process is designed to make any subsequent alteration of the document or the content whose fingerprints it contains detectable.

CertiPhoto does not determine the material truth of the scene being photographed or filmed, or whether the capture is lawful. The Certificate documents a technical process and, like any item of evidence, remains subject to assessment by the competent courts and authorities.

4. Account creation and security

Access to the Service requires a personal account. The User provides a valid email address, a strong password and, where required by the Service, a verified mobile phone number. The User must keep their credentials secret and immediately report any unauthorised use.

The information supplied must be accurate and kept up to date. The Publisher may perform security checks, device-integrity checks, phone-number uniqueness checks, fraud-prevention checks and compliance checks. Manual verification may be offered when automatic verification is not possible.

The account is personal and non-transferable. Use on several devices remains subject to security checks and supported Application versions.

5. Business Accounts

Creating a Business Account may require documents concerning the company, its representative, address, registration or VAT number. The Publisher may accept or refuse the application or request additional information before activation.

Company administrators may create, link, manage or delete employee accounts, define their roles and quotas, and view activities within the company's scope. A User linked to a company cannot delete their Business Account independently; they must contact an administrator of their organisation or support.

Where a company has expressly enabled automatic linking for its business email domain, a new account using that domain may be linked to the company. The relevant administrators are notified.

6. Operation and technical requirements

Certification requires a compatible device, a supported version of the Application, sufficient network access and the required permissions. Some features depend on GPS, mobile networks, Wi-Fi, Apple or Google attestation services, timestamping services and third-party technical providers.

Geolocation accuracy depends on the available signals and the device. Any postal address derived from coordinates is indicative. The Certificate displays the data and indicators actually collected so that they can be assessed in context.

Before confirmation, the User must check the content quality and the accuracy of the information entered, including comments or pre-filled business context.

7. Signature, timestamping and evidential value

Certificates use cryptographic mechanisms that allow their integrity and technical origin to be verified. Where a qualified electronic timestamp is used, it benefits from the effects provided by Regulation (EU) No 910/2014, as amended, including a presumption of the accuracy of the date and time and the integrity of the data to which they are bound.

This presumption does not concern the intrinsic truth of the photographed or filmed content. The admissibility, evidential weight and scope of a Certificate depend on the applicable law, context and assessment of the relevant authority. The Publisher therefore does not guarantee the outcome of a dispute or automatic admission of any item of evidence.

8. Retention and availability

  • Photographs and associated files are normally retained for three years for individual accounts and ten years for Business Accounts.
  • Video files are normally retained for 90 days.
  • PDF/A-3B Certificates and the minimum data required for verification may be retained beyond the media-retention period to enable long-term integrity verification.

Once the applicable period has expired, the original media may no longer be downloadable even if its history and Certificate verification remain available. An earlier deletion request may make the media immediately unavailable while minimum traceability information is retained where necessary.

9. Credits, prices and orders

The applicable prices are those displayed in the Application, on the Portal, in a quotation or in a specific offer at the time of the order. Consumer prices are displayed inclusive of taxes where applicable. Business prices are generally displayed exclusive of taxes.

Purchases made in the Application are collected by Apple or Google under their own terms. Purchases made through the Portal are processed in particular by Stripe. The Publisher does not receive full payment-card details. Business purchases may also be covered by a quotation, invoice and deferred payment terms.

Purchased credits do not expire while the Service and account remain active. They are neither electronic money nor a refundable or transferable security. Except in the event of an error, accepted refund or legal obligation, a credit used for an executed certification cannot be reused.

If a purchase is refunded in whole or in part, the corresponding credits may be withdrawn. A corrective invoice or credit note is issued where required.

10. Free credits

The Publisher may grant free credits to eligible individual accounts without creating an acquired right. Free replenishment is capped at five available credits and is not cumulative.

It requires, in particular, an active account that is not deleted, suspended or linked to a company; a valid and verified mobile number; account activity during the previous 180 days; no free allocation to the same account or number during the previous 25 days; and no remaining paid credits.

The Publisher may refuse or cancel an allocation in the event of an anomaly, duplicate, test account, incomplete data or attempted abuse. Commercial or free credits have no monetary value and are not refundable.

11. Consumer right of withdrawal

When contracting directly and remotely with the Publisher, a consumer generally has a statutory withdrawal period of fourteen days from the conclusion of the contract.

When purchasing credits through the portal, a consumer who wants them to be delivered immediately before the statutory withdrawal period expires must tick an unticked checkbox through which they expressly request immediate performance of the order, give prior express consent and expressly waive the right of withdrawal as soon as the credits are delivered. Time-stamped evidence of this consent is retained, and confirmation is sent to the consumer by email on a durable medium together with the invoice. If these elements have not been validly obtained, the consumer's statutory rights remain applicable.

Purchases made from Apple or Google are also subject to the relevant platform's procedures, without prejudice to mandatory statutory rights.

12. Statutory conformity guarantee

Consumers benefit from the statutory conformity guarantee applicable to digital content and services under Articles L.224-25-12 et seq. of the French Consumer Code. They may request conformity free of charge and within a reasonable period or, in the cases provided by law, a price reduction or termination of the contract.

This guarantee applies independently of any commercial guarantee. It does not cover incompatibility arising exclusively from a consumer's digital environment that does not meet clearly disclosed technical requirements, subject to applicable statutory provisions.

13. User obligations

The User undertakes to use the Service fairly and lawfully and to respect the rights of photographed or filmed persons, privacy, professional secrecy, image rights and intellectual-property rights. The User remains solely responsible for the content, comments and instructions submitted.

Fraud, identity theft, circumvention of security or quota controls, abusive reuse of tokens, unauthorised access to accounts or systems, bulk extraction outside an authorised API, and certification of unlawful content are prohibited.

14. Intellectual property

The Service, its trademarks, interfaces, software, texts, graphic elements and certificate templates are protected. These Terms grant only a limited right of use for the purposes of the Service.

The User retains the rights they hold in their photographs, videos and other content. They grant the Publisher only the permissions required to process, certify, retain and return that content.

A business customer's name, logo or trademark is used as a commercial reference only with its express agreement. Refusing or withdrawing such agreement does not result in account deletion.

15. Availability, maintenance and liability

The Publisher uses reasonable means to ensure the security, availability and continuity of the Service. Interruptions may nevertheless result from maintenance, an incident, force majeure, a telecommunications network or a third-party provider.

The Publisher is liable for damage directly attributable to it within the limits permitted by law. Nothing in these Terms limits mandatory consumer rights or liabilities that cannot legally be excluded. Users must keep their own copies of important items and promptly report anomalies.

16. Suspension and closure

Access may be temporarily restricted or suspended in the event of a security risk, non-payment, breach of these Terms, fraudulent use or legal obligation. Except in an emergency or where prohibited by law, the User is informed of the reason and may submit observations.

Closing an account does not necessarily result in the immediate erasure of all data: some information may be retained to comply with a legal obligation, handle a dispute, enable Certificate verification or prevent abuse, as set out in the Privacy Policy.

17. Terms specific to business customers

The quantities, prices, deadlines and payment terms applicable to orders made by quotation or invoice are stated in the relevant commercial document. Unless otherwise indicated, amounts are payable on the date shown on the invoice.

Late payment automatically incurs, without prior notice, penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, together with a fixed EUR 40 recovery-cost charge. Additional compensation may be claimed where actual recovery costs exceed that amount. No discount is granted for early payment unless otherwise stated.

18. Personal data

Personal-data processing is described in the Privacy Policy, including its purposes, legal bases, recipients, retention periods and data-subject rights.

19. Complaints and mediation

Complaints must first be submitted to the Publisher using the contact form or by email to contact@probantia.com.

After a prior written complaint has not resolved the matter, a consumer may contact the Publisher's mediator free of charge: CNPM MÉDIATION CONSOMMATION, 27 avenue de la Libération, 42400 Saint-Chamond, France, www.cnpm-mediation-consommation.eu.

20. Applicable law and amendments

These Terms are governed by French law, without depriving consumers of mandatory protection in their country of residence. Disputes fall within the jurisdiction of the courts competent under ordinary legal rules.

The Publisher may amend the Terms to reflect legal, technical or functional changes. Users are informed of material amendments and, where required, asked to accept them again. The version applicable to a transaction is the version accepted or in force at the relevant time.

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