Terms of use - Mon Écrin

1. Purpose of the service

Mon Écrin is a sovereign storage service for photos and videos. It allows users to automatically back up their photos and videos from their smartphone to secure storage hosted in France.

The service operates on a hot/cold storage model: recent photos remain on the phone, while older ones are archived on the sovereign server and remain accessible at any time via the application or the website.

2. Access conditions and minimum age

The Service is intended for persons aged 15 and over, in accordance with Article 7-1 of the French Data Protection Act (Loi Informatique et Libertés). Minors under 15 may benefit from the Service as part of a Family plan, under the responsibility of the parent account holder who warrants having obtained the consent of the other holder of parental authority where applicable.

3. Subscription and billing

The service offers several storage tiers, each associated with a fixed monthly rate. Current rates are available on the pricing page.

The subscription is monthly and automatically renewed each month.
The subscription anniversary date corresponds to the subscription date. A subscription is taken out at the end of the free trial period or the free period, never during it (Articles 12.7 and 12.8).
Payment is automatically charged each month on the anniversary date.
The monthly amount includes the price of the plan and, where applicable, that of the extra storage (article 12.1).

Prices displayed on the website are inclusive of all taxes (including French VAT at 20%). The breakdown of net price, VAT and gross price appears on each invoice.

For customers located outside metropolitan France, the applicable VAT is that of the customer's country of residence, in accordance with the European directive on VAT applicable to digital services.

4. Voluntary cancellation

The user may request cancellation of their subscription at any time from their personal space or the mobile application.

Cancellation takes effect on the next subscription anniversary date.
Photo and video backup continues normally until the effective cancellation date.
The user may withdraw their cancellation request at any time before the effective date.
No refund is made for the current period, as the user continues to benefit from the service until the anniversary date.

5. Payment failure and suspension

In the event of a monthly payment failure (expired card, insufficient funds, bank opposition, etc.), the service is immediately suspended:

Photo and video backup from the smartphone is immediately blocked.
Photos and videos already backed up remain stored on the server.
The user has one month to regularise their payment.

During this period, reminders are sent by email:

Day 0: payment failure alert and backup suspension.
Day 7: first reminder (3 weeks remaining).
Day 14: second reminder (2 weeks remaining).
Day 21: final warning (cancellation in 7 days).

If payment is not regularised within the allotted time, the subscription is automatically cancelled. If payment is regularised, backup resumes normally.

6. After cancellation

Whether voluntary or resulting from a payment default, cancellation entails the following consequences:

Photo and video backup from the smartphone is permanently disabled.
The user has 2 months after the effective cancellation date to retrieve their photos and videos as a downloadable ZIP archive from the website.
A download link is sent by email on the effective cancellation date.
Reminders are sent before the expiry of the retrieval period.
After the 2-month period, the account is deactivated and the archive is no longer accessible.
Data is permanently deleted 30 days after account deactivation.

7. Reversibility

Voluntary cancellation: the user may withdraw their cancellation request at any time before the anniversary date. The subscription then resumes normally.
Suspension for non-payment: the user may regularise their payment at any time during the grace month. Backup resumes immediately after regularisation.
After effective cancellation: cancellation is irreversible. However, the user may re-subscribe by starting a new subscription cycle.

8. Security and data retention

The publisher implements appropriate technical and organisational measures to ensure the security and durability of the data entrusted by the user:

Encryption of files at rest (AES-256-GCM).
Secure communications via HTTPS/TLS protocol.
Sovereign hosting on servers located in France, compliant with GDPR.
High-durability storage infrastructure (data redundancy).

The retention of user data constitutes an obligation of means and not of result. The publisher undertakes to deploy all reasonable means to protect the data, without being able to guarantee the absolute absence of any risk of loss or alteration.

The user is strongly encouraged to keep their own backup copies of their most important files. The service does not replace a complete personal backup policy.

9. Service availability

The publisher strives to ensure service availability of 99.9% on an annual basis, excluding scheduled maintenance periods. Scheduled maintenance operations are announced in advance by email or notification in the application.

In the event of prolonged unavailability attributable to the publisher and exceeding the above commitments, the user may benefit from service credits proportional to the duration of the interruption, applied to the following month's invoice. These credits constitute the user's sole remedy for service unavailability.

10. Limitation of liability

To the extent permitted by applicable law:

The publisher's total liability, all causes combined, is capped at the total amount actually paid by the user during the twelve (12) months preceding the triggering event.
The publisher is not liable for indirect damages, including but not limited to loss of business, loss of revenue, loss of customers, loss of opportunity, damage to reputation or any other consequential loss.
The publisher shall not be held liable for damages resulting from use of the service in breach of these terms, negligence by the user in protecting their login credentials, or the absence of personal backup of their files.

The above limitations do not apply in the event of gross negligence or wilful misconduct by the publisher, nor to personal injury, in accordance with the mandatory provisions of French law.

11. Force majeure

The publisher shall not be held liable for the non-performance or delay in the performance of its obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, including but not limited to:

Natural disasters, fires, floods.
Exceptional-scale cyberattacks (ransomware, massive DDoS).
Major failure of the hosting provider or infrastructure supplier.
Government decisions, requisitions, embargoes.
Widespread failures of telecommunications or energy networks.

In the event of force majeure lasting more than three (3) months, either party may terminate the contract without compensation. The user retains the right to retrieve their data under the conditions set out in Article 6.

12. Commercial terms

12.1 Plans and pricing

The service offers the following plans (prices inclusive of all taxes, 20% VAT included):

Service plans and pricing
Plan	Type	Storage	Price/month incl. tax
XS - 100	Personal	100 GB	€2.99
S - 200	Personal	200 GB	€3.90
M - 500	Personal	500 GB	€6.49
L - 1 TB	Personal	1 TB	€10.99
XL - 2 TB	Personal	2 TB	€19.99
Duo - 400	Family	400 GB	€5.90
Family S - 500	Family	500 GB	€7.90
Family L - 1 TB	Family	1 TB	€12.90
Family XL - 2 TB	Family	2 TB	€21.99

Up-to-date pricing is available on the pricing page.

Extra storage

A subscriber who pays for their subscription on the website may add storage to their plan in blocks of 100 GB, at €1.99 including VAT per month and per block, when this option is offered to them in their personal area. It is not offered during the free trial, during a gifted subscription, for a subscription taken out through Google Play or another app store, or during a suspension for non-payment. In a Family or Duo plan, only the plan holder can add storage, which is added to the family's shared storage.

The number of paid blocks is limited for each plan: the price of the plan plus that of the blocks must remain lower than the price of the next larger plan of the same type (individual plans on the one hand, Family and Duo plans on the other) offered for subscription. When no larger plan is offered, no paid block can be added. The personal area shows whether a block can still be added. If this limit decreases, in particular following a change to the plans, the subscriber keeps the blocks already added but can no longer add more.

Each block added is charged immediately, pro rata for the time remaining until the next anniversary date, then every month with the subscription, unless it restores a block whose removal was scheduled and which is already paid for the current period. The storage is available as soon as this payment is received; for a SEPA direct debit, once it has been collected. If the payment fails, the addition is cancelled and the subscription continues unchanged. The price of a block may change under the conditions of article 12.9.

The subscriber may request the removal of paid blocks from their personal area, except while the direct debit for an addition is being collected. The removal takes effect on the next due date: the removed storage remains available until then, with no refund of amounts already invoiced, and is no longer charged from that due date. No file is deleted: if the files then exceed the available storage, they remain stored and accessible, and new uploads are suspended.

On any change of plan, paid blocks end, except those the subscriber expressly chooses, at the displayed price, with their new plan.

Paid blocks end with the subscription, including those added after a cancellation request, and are not carried over to a new subscription.

The publisher may offer extra storage free of charge until an end date communicated to the subscriber. This storage ends on that date, or earlier if the free trial ends without a subscription or if the subscription ends. No file is deleted: files that exceed the available storage remain stored and accessible, and new uploads are suspended.

At the subscriber's request, customer service may add or remove paid blocks on their behalf, under the same conditions, and informs them of it.

12.2 Payment methods

Payment is made by automatic monthly direct debit via the secure Stripe platform, by credit/debit card or by the other payment methods offered on the payment page. The first payment is due on the day of subscription, which is only possible at the end of the free trial period or the free period (Articles 12.7 and 12.8).

12.3 Duration and renewal

The subscription is entered into for an indefinite period, with a monthly billing cycle. It is automatically renewed each month on its anniversary date, as defined in Article 3, unless cancelled by the user in accordance with Article 4 above.

12.4 Right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium whose performance has begun with the prior express consent of the consumer, who has expressly waived their right of withdrawal.

By creating their account and beginning to use the service (uploading files), the user acknowledges having given their express consent to the immediate performance of the contract and waives their right of withdrawal. However, as long as no files have been uploaded to the server, the user may exercise their right of withdrawal within 14 days of subscription by contacting contact@monecrin.com.

12.5 Cancellation and refund

The user may cancel their subscription at any time from their personal space. Cancellation takes effect on the next anniversary date. No pro-rata refund is made for the current period. Data retrieval conditions after cancellation are detailed in Article 6.

12.6 Statutory warranties

The service is subject to the statutory warranties provided for by the French Consumer Code, in particular the statutory warranty of conformity (Articles L217-3 et seq.) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

12.7 Free trial

Every new user benefits from a free trial period, with no payment method required, the duration of which is shown on the registration page and on the pricing page. It starts when the account first uses the service. The duration of a trial is fixed when it opens: a later change to the duration offered has no effect on a trial in progress.

The duration of the trial is restated, with its end date, in the user's personal area, together with the number of trial days remaining, and reminders stating the trial end date are sent by email before it ends.

Only one trial period is granted per account. By way of exception, a member of a Family plan who is removed from it without having requested it (exclusion by the account holder, dissolution of the family or cancellation of the account holder's subscription) receives a new trial period in order to take out their own subscription.

If no subscription has been taken out by the end of the trial, automatic backup is disabled; files already backed up remain stored and accessible. Backup resumes as soon as a subscription is taken out.

A subscription can only be taken out at the end of the trial. The first payment is due on the day of subscription, which becomes the subscription anniversary date.

12.8 Promotional offers and codes

The publisher may make promotional offers: an extended free trial for all new users, an extended trial with a referral code, free storage for the referrer, or a free subscription with a partner code.

A referral code, shared by a subscriber who meets the conditions of the referral programme, extends the new user's trial period by the number of bonus months in force when their trial opens.

For each referred person who signed up with their code and whose subscription is ongoing and paid by themselves (first payment made, outside the trial period, not a free subscription and not a member of a Family plan held by another subscriber), the referrer receives additional storage, added to the capacity of their plan for as long as that person stays subscribed. This amount depends on the type of the referred person's current plan (individual, Duo or Family); the total offered to a single referrer is subject to a cap. The amounts per type of plan and the cap in force are shown in the referrer's personal area and in the help centre; the publisher may change them. The number of referred people is not limited; beyond the cap, a referral does not open any additional storage.

The free storage is recalculated every day. An increase applies no later than the next day; a decrease (a referred person whose subscription ends, who switches to a plan granting a smaller amount or who no longer pays for themselves, or a change of the amounts by the publisher) only applies on the next renewal date of the referrer's subscription and is announced to them by email. A referrer whose subscription ends loses the free storage. A decrease deletes no file: if the files then exceed the available storage, they remain stored and accessible, new uploads are paused and a larger plan or extra storage is offered.

A partner code (prefix “PRT-”) offers a free subscription on the plan and for the duration, from 1 to 12 months, attached to it. It can only be used when registering on the service's website and takes effect when the email address is verified: the free period starts on that date and replaces the free trial period. A code is refused if it has expired, if its maximum number of activations has been reached or if the partner distributing it is no longer active. A given email address can benefit from a partner code only once. The plan, the duration of the free period and the deadline for using a partner code are shown on the registration page.

Only one code, referral or partner, can be entered at registration: these benefits cannot be combined with each other.

At the end of the extended trial or the free period, no payment is collected without the express subscription to a plan; failing that, the provisions of Article 12.7 relating to the end of the trial apply.

12.9 Changes to prices

The publisher may change the price of ongoing subscriptions, in particular to pass on an increase in its hosting, storage or energy costs. Any change is announced to the user by email and in their personal space at least 30 days before it applies. The new price applies from the first anniversary date following this notice period.

A user who does not accept the new price may cancel their subscription free of charge before that date, from their personal space: the cancellation takes effect on the anniversary date and they never pay the new price. Failing cancellation, the new price applies on the announced date.

For a subscription taken out through Google Play or another app store, the change also follows that store's procedure, which may ask the user to accept the new price and, failing that, end the subscription.

A change in the rate of VAT or of any other applicable tax applies automatically from the date it comes into force. New subscriptions are taken out at the price shown on the pricing page on the day of subscription.

13. Applicable law and disputes

These terms of use are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. Failing amicable resolution within thirty (30) days, the dispute shall be submitted to the competent courts within the jurisdiction of the publisher's registered office.

In accordance with the provisions of the French Consumer Code, the user is informed that they may have recourse to a consumer mediator in the event of an unresolved dispute.

14. Personal data

The processing of personal data in connection with the Mon Écrin service is described in our privacy policy.

Permanent deletion of data occurs 30 days after account deactivation, in accordance with the obligations of the General Data Protection Regulation (GDPR).

15. Amendment of terms

The publisher reserves the right to amend these terms of use at any time. Users will be informed of any amendment by email and/or notification in the application. Continued use of the service after notification constitutes acceptance of the new terms.

The applicable terms are those in force on the date of use of the service.