Terms of use and sale

This is an English translation provided for convenience. The French version (Conditions générales d’utilisation et de vente) is the legally binding version: in the event of any discrepancy or difference in interpretation, the French version prevails.

Version of 25 September 2026. Service published by KIPDEV SAS (a French simplified joint-stock company, société par actions simplifiée, SIREN 884 120 890, RCS Bordeaux, VAT FR17884120890, 4 rue des Frênes, 33700 Mérignac, France). The data processing agreement forms part of these terms.

1. Purpose and acceptance

These terms govern access to and use of Orbe. They are accepted, by ticking the box provided, when the account is created and each time a subscription is taken out. They take precedence over any other document of the customer, unless KIPDEV SAS agrees otherwise in writing.

2. Service reserved for professionals

Orbe is intended for persons acting for the purposes of their business or profession (companies, sole traders, associations, agencies). By ticking the box provided, the customer declares that this is the case. The provisions of the French Consumer Code that are specific to consumers, in particular the right of withdrawal and consumer mediation, therefore do not apply to the contract between the customer and KIPDEV SAS. Visitors to the customer’s websites are not customers of Orbe.

3. What the service does

• Scan: an automated browser visits up to 20 public pages of a website without giving consent and records cookies, local storage, calls to third parties and embedded content, then matches them against a catalogue of known services. The proposed classification is a suggestion that the customer checks.
• Banner and blocking: a script, installed by the customer in its pages, displays the choice banner and holds back the trackers of the declared services until the visitor has consented, within the limits described in article 4.
• Sentinel (plans that include it): a new scan every night; a new service is added to the banner under its category, or under “Advertising” if it is unknown, and the customer is notified by email.
• Consent log: each visitor’s choice is recorded (random identifier, choice per category, version and fingerprint of the text displayed, language, page, truncated HMAC fingerprint of the IP address, abbreviated browser), chained by hashes and, in plans with sealed proof, sealed every night with an RFC 3161 timestamp and an OpenTimestamps anchor.

4. Limits, and what remains the customer’s responsibility

Orbe is a tool that helps the customer comply with the rules applicable to cookies and other trackers. It does not, on its own, make a website compliant, does not guarantee the outcome of an inspection and does not constitute legal advice. The customer, as publisher of the website, is the controller: it is for the customer to demonstrate that its visitors have consented. In particular:

• blocking only covers services known to the catalogue or declared in the customer area; a tracker that the scan did not see (page not visited, members-only content, behaviour that varies by country or device) is not blocked;
• a <script src> or <iframe src> tag written directly into the HTML code is detected and downloaded by the browser (preloading) before any script runs: even if the script then prevents it from executing, the request to the third party has already been sent. The customer must mark these tags as explained in the documentation; the verification scan reports those that remain;
• the customer remains responsible for the list of its purposes, the texts of the banner, its cookie policy, the final classification of its services (in particular those it declares exempt from consent) and the compliance of its own processing;
• without an active plan (trial ended, subscription expired), the script no longer blocks or displays anything, so as never to make the customer’s website unusable: the website is then no longer protected.

5. Value of the log and of the sealing

The chained log and the daily sealing make it possible to detect any modification, deletion or insertion of a choice after the fact, and to establish that a given state of the log existed on a given date. They are evidence of the integrity and prior existence of the records, which the customer produces in support of its own demonstration of consent (article 7(1) GDPR). The timestamp used is not a qualified electronic timestamp: it cannot be denied legal effect or admissibility as evidence solely because it is electronic or not qualified, but it does not enjoy the presumption of accuracy reserved for qualified timestamps (article 41 of Regulation (EU) No 910/2014, known as “eIDAS”). Its value is assessed by the authority or court concerned. The log does not on its own prove that the banner displayed was compliant, or that the trackers were actually blocked.

6. Plans, prices and trial

Free 14-day trial, with no means of payment; at the end of the trial nothing is charged and the service stops if no subscription is taken out.

• Solo: €9 excl. VAT per month or €90 excl. VAT per year; 1 website; 20,000 visits per month.
• Pro: €29 excl. VAT per month or €290 excl. VAT per year; 5 websites; 200,000 visits per month.
• Agency: €79 excl. VAT per month or €790 excl. VAT per year; 30 websites; unlimited visits.

Prices exclude taxes. VAT depends on the country where the customer is established, as declared with its billing details before any payment:

• customer established in France (or Monaco): French VAT at the rate of 20% is added to the price;
• customer established in another Member State of the European Union holding a VAT identification number whose validity is confirmed on VIES (the European Commission’s service): invoiced excluding VAT, the VAT being due by the customer (reverse charge, Articles 44 and 196 of Directive 2006/112/EC; article 259, 1° of the French General Tax Code); the invoice bears the mention “Autoliquidation” (reverse charge) and both parties’ VAT numbers;
• customer established in another Member State without a valid number (no number, not recognised by VIES, or VIES unavailable at the time of subscription): French VAT at the rate of 20%; if the number is confirmed later, the following instalments are invoiced excluding VAT, without retroactive effect;
• customer established outside the European Union: supply outside the scope of French VAT (article 259, 1° of the French General Tax Code), invoiced excluding VAT; any tax that may be due in the customer’s country, including under a reverse-charge mechanism, is borne by the customer.

The customer warrants that the country, billing details and number it declares are accurate and reports any change from the customer area; KIPDEV SAS may check the number again at any time and adjust the VAT on following instalments. Any VAT charged to KIPDEV SAS as a result of an inaccurate declaration is re-invoiced to the customer. Customers established in a French overseas department or territory contact KIPDEV SAS before subscribing.

A “visit” is one load of the script, across all websites in the account, per calendar month. Exceeding the limit never interrupts the banner: KIPDEV SAS notifies the customer and may offer a suitable plan. Prices may change; a new price applies from the following period, after notice by email at least 30 days in advance.

7. Payment, renewal, termination

Payment is made in advance, by card, via Stripe, which issues the invoices. Subscriptions have no minimum term and renew automatically at the end of each period (month or year). They can be cancelled at any time from the customer area, with effect at the end of the paid period; the current period is not refunded. A change of plan takes effect immediately, with proration calculated by Stripe.

In the event of a failed payment, and without prejudice to the suspension provided for in article 12, any sum not paid when due automatically bears, from the following day, late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, together with a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code).

8. Availability

KIPDEV SAS is bound by an obligation of means (best-efforts obligation). The script is served with a short cache; if the service is unavailable, the script may fail to load: the customer’s website keeps working, without a banner or blocking, for the duration of the incident. No quantified availability level is guaranteed. Maintenance is carried out as far as possible during off-peak hours.

9. Liability

KIPDEV SAS is liable for direct damage caused by a proven breach of its obligations. Its total liability, for all causes combined, is limited to the sums paid by the customer for the service during the twelve months preceding the event giving rise to liability. It is not liable for indirect damage (loss of revenue, customers or reputation), for penalties imposed on the customer in respect of its own processing, or for the consequences of an undeclared tracker, an unmarked tag, a service classified as exempt by the customer or a configuration chosen by the customer. These limits do not apply in the event of gross negligence or wilful misconduct, or to personal injury.

10. Personal data

For the choices of visitors to the customer’s websites, the customer is the controller and KIPDEV SAS acts as its processor, under the data processing agreement. Where the customer (an agency in particular) uses Orbe for its own clients’ websites, the customer itself acts as their processor and KIPDEV SAS as sub-processor: it is for the customer to obtain their authorisation and to pass on to them the commitments of the agreement. For the customer’s account data, KIPDEV SAS is the controller: see the privacy policy.

11. Retention and reversibility

The consent log is kept for as long as the account exists and the website is in it, including after a subscription ends; it is not purged automatically. It is for the customer, as controller, to decide how long it keeps its records and to request their deletion when it no longer needs them. The customer can export the log at any time (CSV, and PDF evidence file in the plans that include it). Deleting a website deletes its log; deletion of the account is requested by writing to contact@orbeconsent.com and takes place within 30 days. Hashes anchored via OpenTimestamps cannot be erased but contain no personal data.

12. Suspension

In the event of unlawful or abusive use (mass scanning of third-party websites, circumventing limits) or non-payment, KIPDEV SAS may suspend access, then terminate if the breach continues eight days after notice by email. During the suspension, the log remains available for export.

13. Intellectual property

The service, its code, texts, catalogue and trade marks belong to KIPDEV SAS. For the duration of its subscription, the customer has a non-exclusive, non-transferable right of use. It retains its rights in its own content (banner texts, logos, colours), which it authorises KIPDEV SAS to use solely to provide the service.

14. Changes to these terms

Any substantial change is notified by email at least 30 days before it takes effect; a customer who does not accept it may terminate free of charge before that date.

15. Governing law and disputes

These terms are governed by French law. The parties will first seek an amicable solution, in writing to contact@orbeconsent.com; KIPDEV SAS has not appointed a mediator. Failing agreement within 30 days, where the customer contracted as a trader (commerçant), any dispute falls within the exclusive jurisdiction of the courts within the jurisdiction of the Bordeaux Court of Appeal (article 48 of the French Code of Civil Procedure); in all other cases, the ordinary rules of jurisdiction apply.