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Key Points
In this Agreement, the following terms have the meanings indicated:
Beta Period:
The period beginning on the date you are granted access to the Beta Software and ending when NOBATECH terminates the beta phase or this Agreement.
Beta Software:
Any pre-release version of the Nobamouse software, services, or features made available to you under the Beta Program, including any updates or modifications thereto.
Confidential Information:
All non-public information about the Beta Software, including its features, performance, user interface, bugs, and any related communications from NOBATECH.
Feedback:
Any suggestions, ideas, enhancement requests, recommendations, bug reports, or other feedback you provide regarding the Beta Software.
NOBATECH:
NOBATECH SAS, a société par actions simplifiée incorporated under French law with its registered office at 95 rue des joncs, 57455 Seingbouse, France.
Services:
Any services, content, features, and functionality available through or in connection with the Beta Software.
You/Your:
The individual participating in this Beta Program and agreeing to this Agreement.
The Nobamouse Beta Program allows selected users to test pre-release versions of our software before general availability. Your participation helps us identify issues and improve the product based on real-world feedback.
By participating in the Beta Program, you represent that you are at least 18 years old (or the age of majority in your jurisdiction), have the authority to agree to this Agreement, and have read this Agreement in its entirety and agree to be bound by its terms.
The Beta Software is provided as a test version for evaluation purposes. NOBATECH makes no representations or warranties that the Beta Software will be suitable for any particular use or that features available during the Beta Period will be included in any commercial release.
Subject to your compliance with this Agreement, NOBATECH grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Beta Software during the Beta Period solely for the purpose of testing and providing feedback.
You may not: (a) use the Beta Software for production purposes or with critical data; (b) sublicense, resell, or distribute the Beta Software to third parties; (c) modify, decompile, disassemble, or reverse engineer the Beta Software; (d) remove or alter any copyright, trademark, or other proprietary notices; (e) circumvent any security of the software or any related infrastructure.
The Beta Software and all related intellectual property rights remain the exclusive property of NOBATECH. Nothing in this Agreement transfers any ownership of or rights in the Beta Software.
IMPORTANT NOTICE
Beta software is inherently incomplete and may cause bugs, crashes, data loss, or security vulnerabilities. You acknowledge and accept these risks.
Beta Software is development software that has not been fully tested and may not perform as the final version might. Features may be added, changed, or removed, and the entire Beta Software may be discontinued without notice.
Without limitation, you acknowledge that Beta Software may: cause unexpected errors, crashes, or data loss; have security vulnerabilities not yet identified; experience performance issues, slow response times, or high resource consumption; be incompatible with certain systems or software; and become unavailable without notice.
We strongly recommend that you: back up all important data before using the Beta Software; do not use the Beta Software as your sole solution for critical tasks; report issues promptly through the provided channels; and update the Beta Software when new versions are available.
By providing Feedback, you grant NOBATECH a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose, including but not limited to: (a) improving existing products and developing new features; (b) informing product development decisions and roadmap prioritization; (c) creating anonymized documentation, FAQs, and knowledge base articles; (d) training internal systems and processes, without additional compensation or attribution to you.
You acknowledge that NOBATECH’s use of Feedback under the License to Use Feedback section shall not be considered a violation of any moral rights you may hold. To the extent permitted by applicable law, you agree not to assert moral rights in a manner that would prevent NOBATECH from exercising the license granted above.
You agree to maintain all Confidential Information in strict confidence and not to disclose it to any third party without NOBATECH’s prior written consent.
Confidential Information includes, without limitation: the existence and nature of the Beta Software; any screenshots, videos, or descriptions of the Beta Software; performance data or benchmarks; bug reports and known issues; future product plans or features; and any communications from NOBATECH marked as confidential.
Your confidentiality obligations survive during the Beta Period and for a period of three (3) years after the end of the Beta Period, or until the information becomes publicly available through no fault of your own.
You acknowledge that unauthorized disclosure of Confidential Information may cause irreparable harm to NOBATECH and that NOBATECH may seek injunctive relief in addition to any other remedies available.
Your participation in the Beta Program is subject to NOBATECH’s Privacy Policy, available at nobamouse.eu/privacy. By participating, you acknowledge that NOBATECH processes your personal data for the following purposes: (a) managing your beta participation and account — Art. 6(1)(b) GDPR (contractual necessity); (b) collecting usage data, diagnostics, and feedback to improve the product (BUS-OPE-003) — Art. 6(1)(b) GDPR (contractual necessity); (c) detailed usage analytics, where you opt in — Art. 6(1)(a) GDPR (consent); (d) platform maintenance, system security, and audit logging (BUS-OPE-001) — Art. 6(1)(f) GDPR (legitimate interest); (e) collaborative feedback, issue reporting, and voting through the public issues platform (BUS-OPE-005) — Art. 6(1)(b) GDPR (contractual necessity); (f) user support, bug tracking, and technical assistance (BUS-OPE-004) — Art. 6(1)(b) GDPR (contractual necessity). Full details are set out in our Privacy Policy.
During the Beta Period, NOBATECH collects the following diagnostic data on the basis of contractual necessity (Art. 6(1)(b) GDPR): error reports, crash logs, and diagnostic data; device information and system configurations necessary for troubleshooting; and feedback and survey responses you voluntarily provide. NOBATECH also collects basic usage data required to operate and maintain the Beta Software on the basis of legitimate interest (Art. 6(1)(f) GDPR); you may object to this processing at any time under Art. 21 GDPR.
NOBATECH may collect detailed usage analytics to understand how features are used and to inform product development. This data collection goes beyond what is strictly necessary to operate the Beta Software and is based on your consent (Art. 6(1)(a) GDPR). You may opt in to detailed usage analytics through the settings in the Beta Software. You may withdraw your consent at any time through the same settings, without affecting the lawfulness of processing based on consent before its withdrawal.
Under the GDPR and applicable French data protection laws, you have the right to access, rectify, erase, object to, and port your data. To exercise these rights, contact us at privacy@nobatech.eu.
The Beta Program includes a public issues platform where you may report problems, suggest improvements, and collaborate with other beta testers. When using these features, you acknowledge that: (a) your username, avatar, and activity (including votes, comments, and participation score) will be visible to other beta testers; (b) the content of your submissions, including any attached images or screenshots, may contain personal information which will be pseudonymized before any public display; (c) you should avoid including sensitive personal information (such as health-related data) in your submissions; any sensitive personal information you post to the public issues platform is considered manifestly made public by you within the meaning of Article 9(2)(e) GDPR and may be viewed by other beta testers and processed by NOBATECH as described in this Agreement; you may request removal of specific content by contacting privacy@nobatech.eu (d) your contributions may be anonymized and used to create public-facing documentation, knowledge bases, or product communications.
Beta Program data is retained as follows: (a) Public issue content (tickets, comments, votes) is retained until one year after the issue is closed and de-identified, after which it is anonymized using automated rephrasing technology; (b) Audit logs and connection data (IP addresses, access logs) are retained for 90 days from the date of creation; (c) Account information is retained for the duration of your participation and deleted upon request or termination, subject to legal retention requirements. Anonymized data that can no longer be linked to you may be retained indefinitely for statistical and product improvement purposes.
Your Beta Program data may be accessed by the following internal NOBATECH teams for the purposes indicated: (a) Operations and Product team, to manage the beta program, respond to issues, and prioritize development; (b) Technical and IT team, to diagnose problems, maintain systems, and ensure security; (c) Strategy and Marketing team, to analyze usage patterns, understand user needs, and inform product direction. All internal recipients are bound by confidentiality obligations and data protection policies.
The Beta Software is provided on an “as-is” and “as-available” basis. NOBATECH hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing. NOBATECH does not warrant that the Beta Software will meet your requirements, that operation will be uninterrupted or error-free, that defects will be corrected, or that the Beta Software is free of viruses or other harmful components. This disclaimer does not affect your statutory rights as a consumer, including the legal guarantee of conformity under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOBATECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF NOBATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall NOBATECH’s total liability under or in connection with this Agreement exceed 50 EUR or the amounts you have paid, if any, to NOBATECH for access to the Beta Software, whichever is greater. This cap does not apply to liability arising from NOBATECH’s intentional misconduct (dol) or gross negligence (faute lourde).
Nothing in this Agreement limits liability that cannot be limited or excluded under applicable law, including liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be limited or excluded under French law or the laws of your country of residence.
This Agreement takes effect upon your access to the Beta Software and remains in effect throughout the Beta Period unless terminated earlier in accordance with this section.
Either party may terminate this Agreement upon written notice. NOBATECH may also discontinue the entire Beta Program at any time; in such case, reasonable advance notice will be given where practicable. Upon termination, you may request a copy of your personal data in a portable format in accordance with your rights under Art. 20 GDPR.
NOBATECH may terminate this Agreement immediately if you breach any of its provisions, including but not limited to any violation of confidentiality or license restrictions.
Upon termination: all licenses granted terminate immediately; you must cease using the Beta Software and delete all copies; you must return or destroy all Confidential Information; and NOBATECH may block your access to all related services.
The sections relating to intellectual property, confidentiality, disclaimer of warranties, limitation of liability, governing law, and general provisions survive termination of this Agreement.
If you are a consumer within the meaning of applicable EU law, you have the right to withdraw from this Agreement within fourteen (14) days without giving any reason. The withdrawal period expires fourteen (14) days after the day of the conclusion of this Agreement.
To exercise the right of withdrawal, you must inform NOBATECH of your decision to withdraw from this Agreement by an unequivocal statement (e.g., by email or letter). You may send your withdrawal preferably by email to support@nobamouse.eu or by post to NOBATECH SAS, 95 rue des joncs, 57455 Seingbouse, France. To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired.
If you withdraw from this Agreement, your right to access the Beta Software will be terminated and all licenses granted hereunder will cease immediately.
By accessing the Beta Software during the withdrawal period, you expressly consent to the provision of digital content before the withdrawal period has expired and acknowledge that you thereby lose your right of withdrawal pursuant to Article L221-28, 13° of the French Consumer Code and Article 16(m) of Directive 2011/83/EU.
NOBATECH may, at its sole discretion, provide support during the Beta Period. Any such support will be provided on a best-effort basis. NOBATECH generally aims to respond to support requests within 24 to 72 hours, though response times are not guaranteed and may vary depending on request volume and complexity.
The Beta Program does not include a service level agreement. NOBATECH is not obligated to provide any maintenance, upgrades, updates, or bug fixes.
Support is provided through the following channels: the Nobamouse support ticket system at nobamouse.eu/account/support, which is the preferred method for reporting issues and tracking their resolution; email at support@nobamouse.eu and the Nobamouse community forums.
This Agreement is governed by and construed in accordance with the laws of France. This does not affect mandatory consumer protection provisions applicable under the laws of your country of habitual residence pursuant to Art. 6(2) of Regulation (EC) No 593/2008.
Any dispute arising out of or relating to this Agreement is subject to the exclusive jurisdiction of the courts of Metz, France.
If you are a consumer, nothing in this Agreement prevents you from asserting mandatory consumer rights under the laws of your country of residence. You may have the right to bring claims in the courts of your country of residence.
In accordance with EU Regulation 524/2013, the European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. Our email address is: support@nobamouse.eu.
This Agreement constitutes the entire agreement between you and NOBATECH regarding the Beta Program and supersedes all prior agreements and understandings, whether written or oral.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
NOBATECH may amend this Agreement where reasonably necessary to reflect changes in applicable law or regulatory requirements, address security or data-protection concerns, or adapt to significant technical changes in the Beta Software. Material amendments will be notified at least 30 days in advance via the email address associated with your account, clearly describing the changes and their effective date. After the effective date, you will be asked to review and accept the amended terms upon your next login. If you do not accept the amended terms within 14 days of the effective date, this Agreement shall terminate automatically, and the Your Rights, Data Retention, data portability upon termination, and Effect of Termination/Survival sections shall apply. Non-material amendments (e.g., typographical corrections, updated contact details) take effect upon publication and do not require individual acceptance.
NOBATECH may give notice by: posting in the Beta Software, email to the address associated with your account, or announcements in the beta forum. You may contact NOBATECH at support@nobamouse.eu.