Language of this document
This is a courtesy translation. As stated in article 19, the French version is the reference text and prevails in the event of any discrepancy in interpretation.
Article 1 - Purpose
These Terms of Use and Sale (the "Terms") govern access to and use of the La Pochette mobile application (the "Service"), published by Damien DIEP, sole trader operating under the trade name Hermitech, registered at 1970 Territoriale 40, 20131 Pianottoli-Caldarello, France, under SIRET 821 372 133 00024 (the "Publisher"). They set out the rights and obligations of the Publisher and of any person using the Service (the "User").
Article 2 - Acceptance of the Terms
Use of the Service implies full and unreserved acceptance of these Terms. By creating an account or using the Service, the User acknowledges having read them and accepts them without reservation. Failing acceptance, the User must refrain from using the Service.
Article 3 - Description of the Service
La Pochette is an application for digitising, filing, encrypting, backing up and restoring administrative documents. Its essential characteristics are:
- end-to-end encryption, performed on the User's device, before any backup;
- text recognition and filing performed entirely on the device, with no content transmitted to a third party;
- online backup of encrypted data, unreadable by the Publisher (a "zero-knowledge" architecture), and its restoration on a new device;
- conversion of files to an image format: every document (photo, imported image, PDF page) is resized (long edge limited to 2,000 pixels), re-encoded as JPEG with compression, and its technical metadata (EXIF, in particular geolocation) is removed. This conversion, performed on the device, is intended to limit the storage space used (see article 8) without harming the readability of the document or text recognition.
The Service works essentially offline; the network is only used for backup and restoration.
The User is informed that the original file is not kept: only the converted version is stored, backed up and returned, including in an export. In particular, importing a PDF file produces an image version of it: the text layer, the vector layout and, where applicable, the electronic signatures of the original file are not preserved. It is for the User to keep their original files separately where they wish to preserve their evidentiary value.
Article 4 - Access to the Service and capacity
The Service is intended for adults with legal capacity. A minor may only use it with the prior authorisation of their legal representative, who then accepts these Terms on their behalf. Access requires a compatible device, an internet connection for the backup, and downloading the application from a distribution platform (Apple's App Store or Google Play).
Article 5 - User account
Creating an account requires an email address and a password, together with verification of the email address and anti-bot protection. The User undertakes to provide an accurate address and to keep their credentials confidential. They are solely responsible for the activities carried out from their account.
The password is used solely for authentication with the Publisher's servers; it does not protect the encryption of the documents and does not give access to them (see article 6).
Article 6 - Encryption, recovery key and the User's responsibility
The Service is based on end-to-end encryption: the User's documents are encrypted on their device using a key that never leaves the device and is never transmitted to the Publisher.
It follows that the Publisher is technically unable to access the content of the documents, to decrypt them or to restore them. No recovery mechanism by the Publisher, and no "back door", exists: this is a deliberate characteristic of the Service, and the guarantee of its confidentiality.
When the vault is created, the Service displays a recovery key (in the form of a code and a QR code) which the User must keep - for example by exporting or printing it - and asks them to confirm having saved it before continuing. Keeping this key is the sole responsibility of the User, who is advised to keep several copies in a safe place.
The User expressly acknowledges and accepts that the simultaneous loss of their device and of all of their key backups results in the definitive and irreversible loss of their documents, without the Publisher being able to restore them in any way, and without the Publisher's liability being incurred in that respect. Keeping several backups of the key and using the export feature are strongly recommended.
Article 7 - User obligations and content
The User is solely responsible for the documents and data they store by means of the Service. They shall refrain from using the Service for unlawful purposes or to store, process or distribute content contrary to the law or to the rights of third parties.
Because of the end-to-end encryption, the Publisher has no knowledge of the stored content and exercises no moderation: responsibility for that content lies exclusively with the User.
The User shall also refrain from disrupting the operation of the Service, circumventing its security measures, carrying out any unauthorised reverse engineering, or making abusive use of it liable to compromise the infrastructure or other users.
Article 8 - Plans, quotas and availability of data
The Service is offered under a free plan and a paid "Premium" plan. The free plan allows the backup of a limited volume (currently 15 documents and 40 MB). The Premium plan raises this limit to an extended volume (currently 10 GB). These caps may change and are shown in the application. Quotas are assessed on the size of the documents after conversion (article 3), not on the size of the original files.
When a Premium subscription expires, if the space used exceeds the limit of the free plan, the account switches to read-only: adding new documents is suspended, but documents already backed up are kept. Adding becomes possible again after re-subscribing, or after deleting documents so that usage falls back below the free limit. The Publisher reserves the right to change this retention policy, subject to prior notice to the User.
Article 9 - Subscription, price and payment
The Premium subscription is offered at a price of €0.99 per month or €9.99 per year (i.e. two months free), all taxes included. The price actually displayed at the time of purchase, in the currency and on the platform concerned, prevails.
Subscriptions are taken out and billed directly through Apple's App Store or Google Play, acting as payment intermediaries. Their subscription, automatic renewal, management and cancellation are handled from the account of the platform concerned, in accordance with its own terms.
Unless cancelled by the User at the latest 24 hours before the renewal date, the subscription renews automatically for an equivalent period. Refund requests are a matter for the distribution platform.
Article 10 - Right of withdrawal
The paid Service constitutes digital content supplied immediately. By subscribing and requesting immediate access to the Service, the consumer User consents to its immediate performance and acknowledges waiving their fourteen (14) day right of withdrawal once access is provided, in accordance with article L221-28 of the French Consumer Code. The refund arrangements specific to the distribution platform remain applicable.
Article 11 - Duration and termination
These Terms apply for the entire duration of use of the Service. The User may stop using the Service at any time and delete their account, either from the application (Settings) or from a browser at la-pochette.fr/supprimer-compte. Deleting the account permanently erases, from the Publisher's servers, the encrypted data, the encrypted index and the associated metadata.
Cancellation of a Premium subscription is done from the distribution platform; its effects on quotas are described in article 8.
The Publisher may suspend or terminate a User's access in the event of a serious breach of these Terms or unlawful use of the Service.
Article 12 - Availability and evolution of the Service
The Publisher endeavours to ensure the availability of the Service with diligence, without guaranteeing uninterrupted or error-free access. The Service may be subject to interruptions, in particular for maintenance or for reasons beyond the Publisher's control. The application remains functional offline; only backup and restoration require access to the servers. The Publisher may change the features of the Service.
Article 13 - Intellectual property
The La Pochette application, its brand, its logo, its interface and its content are the exclusive property of the Publisher and are protected by intellectual property law. Any unauthorised reproduction or use is prohibited. The User's documents and data belong to them; the Publisher acquires no rights over them.
Article 14 - Personal data
The processing of personal data is described in the Privacy Policy, which forms an integral part of the contractual relationship. Given the zero-knowledge architecture, the Publisher processes only a minimum of data and never has access to the content of the documents.
Article 15 - Liability
The Publisher provides the Service with the care reasonably expected of a professional. Its liability cannot be incurred in the event of data loss resulting from the loss of the means of backing up the recovery key (article 6), from misuse of the Service, from the act of the User or of a third party, or from an event of force majeure.
These provisions shall not limit or exclude the Publisher's liability in cases where the law prohibits it, nor deprive the consumer User of the rights they derive from mandatory legal provisions, in particular statutory guarantees.
Article 16 - Amendment of the Terms
The Publisher may amend these Terms. In the event of a significant change, the User is informed in the application. Continued use of the Service after the new Terms come into force constitutes acceptance of them; failing acceptance, the User may stop using the Service and delete their account.
Article 17 - Governing law and disputes
These Terms are governed by French law. In the event of a dispute, the User is invited to contact the Publisher at contact@hermitech.fr in order to seek an amicable solution.
In accordance with articles L611-1 et seq. of the French Consumer Code, after having contacted the Publisher and failing a satisfactory response, the consumer User may refer the matter free of charge to the consumer mediator to which the Publisher belongs: CM2C - Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France (tel. +33 1 89 47 00 14). Referral: https://www.cm2c.net/declarer-un-litige.php - litiges@cm2c.net.
Failing an amicable resolution, the dispute will be brought before the competent courts under ordinary rules of law, the consumer User retaining the benefit of the applicable protective rules.
Article 18 - Severability
If any provision of these Terms were declared void, invalid or unenforceable, the other provisions would retain their full force and continue to apply.
Article 19 - Language
These Terms are drafted in French. Although the Service may be offered in several languages, the French version of the Terms is authoritative and prevails in the event of any discrepancy in interpretation.
Article 20 - Contact
For any question relating to these Terms: contact@hermitech.fr.