These Terms of Use (“ToU”) set out the technical conditions for accessing and using the Subnoto platform (the “Platform”) operated by Subnoto SAS (“Subnoto”). They apply to any user accessing the Platform.

Commercial terms, pricing, liability and termination are governed exclusively by the General Terms and Conditions of Sale (GTCS), available at subnoto.com/terms-of-sale. In the event of any conflict between these ToU and the GTCS, the GTCS prevail on commercial matters.

Accessing the Platform constitutes unconditional acceptance of these ToU and the GTCS. Any use of the Platform constitutes acceptance of all of these documents.

The Platform is reserved exclusively for professionals and organisations acting in the course of their commercial, industrial, craft, liberal or associative activity. Use of the Platform for personal or private purposes is expressly excluded.

By creating an Account or using the Platform, the User declares and warrants: (i) acting in a professional capacity; (ii) having the legal capacity and, where applicable, the authority to bind the Customer; (iii) that information provided at registration is accurate and current.

The use of a personal email address for registration does not alter the professional nature of the required use and does not give rise to any rights under consumer protection law.

4.1 Registration

Registration requires the provision of accurate, complete and current information. The User undertakes to keep this information up to date for the duration of their use of the Platform. Subnoto reserves the right to refuse registration or suspend an Account that does not meet the eligibility requirements.

4.2 Account security

The User is solely responsible for the confidentiality of their login credentials and for any activity carried out from their Account. The User undertakes to immediately notify Subnoto of any unauthorized access to their Account at the contact address on subnoto.com.

Subnoto shall not be liable for any loss or damage resulting from the User’s failure to comply with this confidentiality obligation.

4.3 Multiple accounts and Viewers

A Customer may create Accounts for their collaborators within the limits of their subscription. Viewer Accounts have read-only access and cannot initiate signing processes. Account type conditions are defined in the GTCS and at subnoto.com/pricing.

5.1 Availability

Subnoto endeavours to keep the Platform accessible at all times, subject to maintenance operations and force majeure. Availability commitments, maintenance windows and applicable remedies are defined in the GTCS.

5.2 Platform developments

Subnoto may update Platform features, interfaces and technical architecture at any time, including removing or modifying existing features, subject to applicable notice periods defined in the GTCS. Updates aimed at improving security or complying with legal requirements may be deployed without notice.

5.3 API access

Access to the Subnoto API is subject to the eligibility conditions and pricing terms defined in the GTCS and at subnoto.com/pricing-api. The User undertakes to use the API in accordance with the technical documentation and these ToU.

6.1 Permitted uses

The Platform is made available solely for: electronic signing of documents in a professional context, management and archiving of signed documents, and integration of signing services into third-party systems via the API.

6.2 Prohibited uses

The User expressly undertakes not to:

Subnoto reserves the right to immediately suspend without notice any Account in breach of these prohibitions, without prejudice to any other available remedies.

7.1 Subnoto’s rights

All elements constituting the Platform — software, source code, graphic interfaces, databases, trademarks, logos, documentation — are the exclusive property of Subnoto SAS or its licensors and are protected by intellectual property law. No ownership rights are transferred to the Customer or User under these ToU.

Subscribing to a plan grants only a personal, non-exclusive, non-transferable and revocable right to use the Platform, for the duration of the subscription and within the limits of these ToU and the GTCS.

7.2 Customer’s rights

The Customer retains full ownership rights over the Documents they submit to the Platform. Subnoto claims no intellectual property rights over these Documents and uses them only to the extent strictly necessary to provide the services, in accordance with the GTCS and the Data Processing Agreement (DPA).

7.3 Licence back

By submitting Documents to the Platform, the Customer grants Subnoto a limited, non-exclusive, revocable and non-transferable licence, solely for the technical processing necessary to provide the service. This licence terminates upon deletion of the Documents in accordance with applicable retention periods.

In connection with use of the Platform, Subnoto processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable French data protection law.

Subnoto acts as data controller for Account-related data (subscription management, billing, support). Subnoto acts as data processor for personal data contained in Documents submitted for signing, pursuant to the Data Processing Agreement (DPA) available at subnoto.com/dpa.

Subnoto’s privacy policy, available at subnoto.com/privacy, describes the processing activities, legal bases, retention periods and data subject rights in detail.

Subnoto implements a confidential computing architecture ensuring that Documents remain encrypted in transit, at rest and during in-memory processing. Detailed security measures are described in the GTCS and the Security Whitepaper available at subnoto.com/security.

The User undertakes not to attempt to compromise Platform security. Any discovered vulnerability must be responsibly disclosed via the disclosure programme available at subnoto.com/researchers.

Term, renewal, termination conditions and their effects are entirely governed by the GTCS. These ToU do not create independent termination rights.

Subnoto may suspend a User’s access in the event of a breach of these ToU, independently of any termination proceedings under the GTCS. Suspension of an individual User’s access does not constitute termination of the contract with the Customer.

Subnoto reserves the right to amend these ToU at any time. Amendments are notified in accordance with the procedures defined in the GTCS. The current version is always accessible at subnoto.com/terms. Continued use of the Platform after the effective date of amendments constitutes acceptance.

These ToU are governed by French law. Any dispute relating to their interpretation or performance is subject to the exclusive jurisdiction of the Commercial Court of Paris (Tribunal de Commerce de Paris), following a good-faith attempt at amicable resolution within thirty (30) days.

If any provision of these ToU is held to be void or unenforceable, the remaining provisions shall remain in full force. Subnoto’s failure to exercise any right under these ToU does not constitute a waiver of that right.

The contractual language of these ToU is French. In the event of translation, the French version governs.