Terms of Use
1. Purpose
These Terms of Use define the conditions governing the use of the Arclib Qualified Archiving Service provided by Infotel Monaco to its clients.
Access to and use of the Arclib Service offered by Infotel Monaco are subject to acceptance of these terms.
Before any use of the Service, the User acknowledges that they:
Have read these Terms of Use;
Have the legal capacity and authorization to commit under these Terms of Use;
2. Definitions
Archive
Digital information package stored in an Electronic Archiving System and consisting of one or more digital documents, as well as technical, management, and descriptive metadata.
Client
The Client is the organization, owner of the Archives, that benefits from the Arclib Service.
Archiving Agreement
Commitment between the Client, owner of the Archives, and the Infotel Archiving Service Provider defining the characteristics of the Archiving Service in response to the Client’s archiving policy.
Digital Document
A set composed of content, logical structure, and representation attributes that can be processed by a machine.
Metadata
Structured or semi-structured information enabling the processing of digital documents.
Arclib Service Provider
The company Infotel Monaco acting as a trusted third-party archiving provider.
Software as a Service (SaaS)
Application software solution hosted in the cloud and operated outside the organization or company by a third party, also called a service provider.
Service or Arclib Service
Refers to the Arclib Archiving Service made available by Infotel Monaco to its clients.
User
Any person associated with a Client who has access rights to the Arclib Service according to the applicable rules.
3. Scope of the Terms of Use
By using the Service, the User agrees to comply with all provisions of these Terms of Use.
Any violation of these Terms of Use authorizes the Service Provider to block or restrict the use of the Service for any User responsible, without prejudice to any damages that the Provider may claim.
4. Description of the Arclib Service
The Arclib Service ensures the archiving of Digital Documents on behalf of the Client, as defined in the Arclib Archiving Policy.
This Service manages the collection, storage, and preservation of digital objects entrusted to it. It guarantees the Client the sustainability of the Service, the confidentiality of the entrusted data, their integrity, and their readability, regardless of the retention period.
The Arclib Service allows Users to search and access Archives. It also allows their return to their owner upon request.
This Service implements industry best practices to guarantee the authenticity and admissibility of stored Digital Documents and the possibility of considering them as evidence in the event of disputes or litigation.
The Arclib Archiving Service addresses the following challenges:
Compliance with legal and regulatory document retention requirements;
Protection and securing of documents and evidence to protect rights in the event of disputes;
Data preservation independently of the media and formats used.
The Arclib Archiving Service guarantees its Clients, owners of the Archives:
the integrity of the Archives and their evidence;
the confidentiality of the Archives;
the availability and durability of the Archives;
the reversibility of the Archives;
the traceability of all operations performed on the Archives.
5. Use and Access to the Service
The Arclib Service is available in SaaS mode and accessible 24 hours a day, 7 days a week, except in cases of Service suspension defined herein, with support provided during business hours.
Access to the Service requires the prior creation of an account for each User, in accordance with the Archiving Agreement concluded between the Client and the Provider.
The User is responsible for the use and protection of their password, which is strictly personal and must never be disclosed to third parties.
Any access to the User’s account is therefore considered to be performed by the User personally. The User is responsible for actions carried out through their account regarding the use of the Service. In the event of fraudulent use, the User and the Client must immediately notify the Provider.
The Client undertakes to provide accurate information for each User under its responsibility regarding the use of the Service.
The Client undertakes not to use the Service fraudulently.
Failure to comply with the conditions of use of the Service engages the sole responsibility of the Client without prejudice to any legal action that the Provider reserves the right to exercise.
6. Responsibilities and Limitation of Warranties
6.1 Responsibilities
The Provider, within the scope of its services, provides the tools and functional and technical solutions necessary for the proper operation of the Electronic Archiving System and in compliance with the requirements of the ETSI EN319-401 standard.
The Client guarantees the authenticity of the Documents entrusted and acknowledges that the Provider does not intervene in the content of the Documents. The Provider therefore cannot be held responsible for the value or validity of the content of the Documents or any lack thereof.
The Client must communicate to the Provider all information relating to the retention period and final disposition of the Archive. It is also responsible for defining the authorizations and privileges of Users.
The Provider’s liability cannot be engaged in the event of inappropriate use of the Service.
If the Provider’s liability were to be engaged, it would be limited to the amount paid by the Client during the previous twelve months for the use of the Service.
6.2 Client Guarantees
The Client and the Users guarantee:
that the content of the Documents is lawful under the laws and regulations in force;
that the format of the Documents complies with the Archiving Agreement;
that they hold the rights necessary to deposit, retain, and delete the documents provided to the Service.
Use of the Service outside these guarantees engages the sole responsibility of the Client and the Users.
6.3 Provider Guarantees
The Provider guarantees:
that the Service provided complies with the state of the art and applicable standards;
the confidentiality of the information transmitted to it in accordance with applicable laws and regulations;
the preservation and management of the Archives according to the provisions agreed in the Archiving Agreement and the metadata provided by the User or the Client when depositing the Archives.
6.4 Limitation of Warranties
The Client is informed that the Provider does not verify whether the Service used complies with the legal rules applicable to the Documents.
Consequently, the provision of the Service does not exempt the Client from analysis and verification regarding the legal or regulatory requirements applicable to the Documents benefiting from the Service.
7. Intellectual Property
Use of the Service does not imply any transfer of intellectual property rights on elements belonging to the Provider for the benefit of the Client or the User.
The website, trademarks, designs, models, images, texts, photos, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, designs, or any other information or medium presented by the Provider, without this list being exhaustive, are the exclusive property of the Provider and are protected by copyright, trademark, patent, and all other intellectual or industrial property rights recognized under applicable laws.
Any reproduction and/or representation, in whole or in part, of any of these elements without the express authorization of the Provider is prohibited and would constitute infringement punishable under intellectual property law.
Consequently, the Client refrains from any action or act likely to directly or indirectly infringe the Provider’s intellectual property rights.
The Client only has a right to use the Service. The Client remains the owner of the Archives deposited in the Service and holds exclusive ownership of them.
8. Personal Data
The User must provide personal information in order to register on the site.
The User’s email address may notably be used by the Provider to communicate various information and manage the account.
Each Party guarantees that it has taken all necessary measures to comply with all obligations provided by Data Protection Regulations consisting of applicable laws and regulations relating to the protection of Personal Data and privacy, in particular Law No. 1.565 of December 3, 2024 relating to the protection of personal data, as well as any legislation or regulation relating to Personal Data protection and recommendations of the competent supervisory authority applicable to processing carried out under this Contract.
The Service provided by the Provider enables the implementation of the right to be forgotten to obtain the removal or deletion of personal data in the event of a privacy violation. Any request in this regard should be sent to support@arclib.io.
9. Logs
All business operations performed in the Service are logged.
These logs are sealed and archived daily for a retention period at least equal to the retention duration of the archives to which they are attached and at most until the complete reversibility activated upon termination of the contract between the Provider and the Client.
The integrity of these logs is guaranteed by chaining mechanisms, qualified electronic sealing (by the AMSN) and qualified timestamping (by the ANSSI).
10. Security and Service Compliance
The Provider undertakes to take all necessary measures to guarantee the IT security of the system, both in protecting the Client’s Archives and in securing access.
If vulnerabilities are discovered, the Provider will take all necessary measures to inform the Client and correct them as soon as possible.
The Client is informed that the Provider has obtained the following recognitions:
– NF461 Certification: French standard defining the requirements of an electronic archiving system ensuring integrity, traceability and durability of documents;
– ISO 27001 Certification: International standard describing best practices for implementing an information security management system;
– Compliance with ETSI EN319-401: General specifications for trust service providers;
– Compliance with the ANSSI cybersecurity hygiene guide.
Users are expressly reminded that the Internet is not a secure service. They must therefore take all necessary measures to protect their own data and/or software, particularly from possible misuse or contamination by potential viruses.
It is the responsibility of the Client or the User to verify that files transmitted to the Provider contain no computer viruses.
The Provider declines any responsibility regarding the spread of computer viruses and any consequences that may result.
11. Availability and Changes to the Terms of Use
The Provider reserves the right to modify the clauses of these Terms of Use at any time and without justification.
The Terms of Use are available without access restriction on the Arclib institutional website.
In the event of updates to these terms, the Provider undertakes to inform Clients of the changes made.
12. Service Evolution and Suspension
The Service offered may be subject to updates aimed at improving the quality or functionalities of the Service for all Clients.
For this purpose, the Provider reserves the right, subject to contractually defined notice, to temporarily suspend access to the Service.
13. Disputes – Applicable Law
This contract is governed by Monegasque law.
In the event of a dispute not resolved amicably between the Client and the Provider, the courts of Monaco shall have exclusive jurisdiction.
14. Legal Notice
The Arclib Service is provided by Infotel Monaco with a share capital of €150,000, registered with the Monaco Trade and Companies Register under number 01S03972, with its registered office located at 2 rue du Rocher, 98000 Monaco.
15. Contact
Any request relating to the Service should be sent:
– By email: contact@arclib.io
– By phone: +377 97 77 10 00
– By mail to the following address:
Infotel Monaco
2 rue du Rocher
98000 Monaco
16. Coverage of normative requirement (ETSI EN 319 401)
| Requirement | Description | Justification |
|---|---|---|
| REQ-6.2-01 | The Trust Service Provider (TSP) must make the general terms and conditions relating to its services available to all subscribers and relying parties. | This document is published on the Arclib institutional website. |
| REQ-6.2-02 | The general terms and conditions must at least specify, for each trust service policy supported by the TSP, the following elements: a) the applicable trust service policy; | This is indicated in Article 4 (reference to the Archiving Policy). |
| b) any limitations on the use of the service provided, including limitations on damages resulting from use of the service beyond these limits; | Covered in Article 5. | |
| c) the obligations of the subscriber, where applicable; | Covered in Article 6. | |
| d) information intended for relying parties of the trust service; | Covered in Article 4. | |
| e) the retention period for the TSP event logs; | Covered in Article 9. | |
| f) limitations of liability; | Covered in Article 6. | |
| g) the applicable legal regime; | Covered in Article 13. | |
| h) complaint and dispute resolution procedures; | Covered in Article 13. | |
| i) whether the TSP trust service has been assessed as compliant with the trust service policy and, where applicable, according to which conformity assessment scheme; | Covered in Article 10. | |
| j) the contact details of the TSP; | Covered in Article 15. | |
| k) any commitment relating to availability. | Covered in Article 5. | |
| REQ-6.2-03 | Subscribers and parties relying on the trust service must be informed of the precise general terms and conditions, including the elements listed above, before establishing a contractual relationship. | This document is published on the Arclib institutional website. |
| REQ-6.2-04 | The general terms and conditions must be made available by means of durable communication. | This document is published on the Arclib institutional website. |
| REQ-6.2-05 | The general terms and conditions must be available in clear and understandable language. | This document is written in French. |
| REQ-6.2-06 | The general terms and conditions may be transmitted electronically. | This document is published on the Arclib institutional website. |