Terms of Sale and Use

These Terms of Sale and Use (the “Terms”) apply to the Nobamouse Subscription taken out at a distance from NOBATECH SAS (“NOBATECH”, “we”) by a natural person acting for purposes outside their trade, business, craft or profession (the “Consumer”, “you”).

Businesses (companies, institutions, public bodies) contract under the Business Terms of Sale, supplemented by the Data Processing Agreement (Article 28 GDPR). If you use Nobamouse for your professional activity, please choose the business offer.

The contract (the “Contract”) consists, in decreasing order of priority, of: (1) these Terms; (2) the End User Licence Agreement (EULA) (the “EULA”); (3) during the Open Beta, the Open Beta Addendum (the “Beta Addendum”), which cannot reduce your rights; (4) the order summary and the order confirmation. The Privacy Policy describes how we process your data; the Website Terms of Use govern simply browsing the website. Nothing in these documents can deprive you of the rights the law guarantees you.

The pre-contractual information required by Articles L111-1, L111-2 and L221-5 of the French Consumer Code (features of the Service, price, duration, cancellation, withdrawal, guarantees, contact details, mediator) is set out in these Terms, in the Beta Addendum and on the order page.

Subscription

the contract for continuous supply of the Service, with a free trial where applicable, followed by paid billing periods (monthly or, at your option, annual).

Desktop Application

the Nobamouse application for Windows and macOS, including its updates, licensed under the EULA.

Open Beta

the paid commercial phase during which the Service still has “beta” maturity, described in the Beta Addendum.

Account

your personal area on nobamouse.eu, where you manage the Subscription, download the Desktop Application, view your invoices, withdraw and cancel.

Launch Date

19 October 2026, the start of paid commercialisation.

Closed Beta Participant

any person who entered into a Beta Programme Participation Agreement with NOBATECH before the Launch Date.

Payment Provider

Mollie B.V. (the Netherlands), which processes payments on our behalf and is not the seller.

Price

the price stated in Section 7.

Service

the Nobamouse digital service: software that controls the mouse pointer by tracking head and face movements through a webcam, provided as a desktop application for Windows and macOS together with a user account and online services available via nobamouse.eu.

Durable Medium

a medium that lets you keep the information (e-mail, PDF), within the meaning of Article L221-1 of the French Consumer Code.

NOBATECH SAS
Société par Actions Simplifiée (simplified joint-stock company under French law), share capital EUR 1,000
Registered office: 95 rue des Joncs, 57455 Seingbouse, France
RCS Sarreguemines, SIREN: 991 427 618, SIRET: 991 427 618 00012
EU VAT identification number: FR93 991 427 618
President: DERVISEVIC INVEST GROUP, represented by Sanid Dervisevic
Telephone: +33 6 11 38 16 21
E-mail: support@nobamouse.eu

Customer service: support@nobamouse.eu, +33 6 11 38 16 21, in French, German and English. Billing: billing@nobamouse.eu.

Consumer mediator: see Section 18.

4.1 Main features

Nobamouse lets you control your computer (pointer, clicks, shortcuts) with head and face movements captured by your webcam, in addition to or instead of a mouse. The Service includes:

• the Desktop Application for Windows and macOS, which processes the webcam image locally and in real time; the images are neither recorded nor sent to NOBATECH;
• the Account and online services (Subscription, downloads, invoices, support);
• updates (Section 11).

The features available and the known limitations during the Open Beta are listed in the Beta Addendum.

4.2 Devices

One Subscription lets you activate the Desktop Application on up to three (3) devices that you own or control. You can deactivate a device from your Account to activate another.

4.3 System requirements

You need a compatible computer, a webcam and an Internet connection for activation and periodic Subscription checks. Minimum requirements: Windows 10 or Windows 11; macOS on a Mac with Apple silicon.

On macOS, the Desktop Application uses a third-party driver (Karabiner-DriverKit-VirtualHIDDevice) that you must approve in System Settings. On both systems, administrator rights may be required.

Check before ordering that your equipment is suitable; customer service can help.

4.4 Purpose and no medical purpose

Nobamouse is general-purpose software for operating a computer (pointer, clicks and shortcuts) through head and face movements captured by a webcam, in addition to or instead of a mouse. It is intended for anyone who cannot or prefers not to use a mouse, including people with motor impairments; its purpose is operating a computer, not a medical purpose.

Nobamouse is general-purpose computer-access software. It is not a medical device within the meaning of Regulation (EU) 2017/745, has no medical purpose and is not intended for the diagnosis, prevention, monitoring, treatment or alleviation of any disease or disability.

Nobamouse is not designed as the only input method for safety-critical operations. Keep an alternative input method within reach (mouse, keyboard, switch, etc.).

To subscribe, you create an Account. You must be an adult (18 or over) with capacity to contract. A holder of parental authority may subscribe for a minor and allow them to use the Service; they remain the sole party to the Contract and responsible for that use.

You provide accurate information, in particular your e-mail address and country of residence (which determines VAT). You keep your login details confidential and tell us without delay about any unauthorised use. The Account is personal: it cannot be transferred or shared.

Before confirming, you see the Service, Price including VAT, any trial period, first payment date, renewal and cancellation conditions. You accept the Terms, EULA and Beta Addendum and expressly request that the Service start immediately during the withdrawal period. You can check and correct your order.

You subscribe using an “Order with obligation to pay” button (Article L221-14 of the French Consumer Code). The Contract is concluded when you confirm your subscription and activate the Service: at the start of the free trial, or immediately if there is no trial. The first payment does not constitute a new subscription.

To set up your payment method, Mollie B.V. carries out a verification for EUR 0 when you subscribe: no amount is charged. It creates the payment mandate for the Subscription and checks that the payment method is valid. The first actual payment is taken on the date shown before you confirm.

We immediately e-mail your subscription confirmation, trial and first payment dates, Terms, EULA, Beta Addendum and withdrawal information with its Withdrawal Information and Model Withdrawal Form, together with confirmation of your request for immediate performance (Article L221-13). These documents remain available in your Account.

Your first subscription includes a free trial of 30 days, once per Consumer. A new subscription after cancellation does not include another trial; payment is due on activation.

One trial per person. The trial is available once per person, payment method and e-mail address. When you subscribe, we check whether the payment method or e-mail address has already been used for a trial, using an encrypted, non-reversible identifier (see the Privacy Policy). If so, the Subscription starts without a trial and is payable on activation; you are told so before you confirm. The trial requires a payment method that supports a zero-amount verification: card or PayPal.

At the end of the trial, the Subscription automatically becomes payable at EUR 29.99 per month, VAT included unless you cancel before that date. The Price is then payable in advance at the start of each billing period. You choose the billing period: monthly at EUR 29.99 per month, VAT included, or annual at EUR 299.90 per year, VAT included (equivalent to ten monthly instalments), i.e. a quantity discount of two months. You may switch between the two from your Account at any time (Section 9); the Subscription remains the same Contract. Trial, first payment and billing dates are shown before you subscribe, in the confirmation and in your Account.

The Price is the same throughout the European Union; the VAT included is that of your country of residence (EU One-Stop-Shop). No set-up, payment or activation fees. Any change to the Price follows Section 17.

Payments are processed by Mollie B.V., which is not a party to the Contract. You enter payment details directly with the provider; we do not store your card number. Accepted methods: credit/debit card, Apple Pay, Google Pay and PayPal (depending on device or browser).

When subscribing, you authorise payments for each billing period (monthly or annual, as chosen) from the stated date: after the free trial or, without a trial, on activation. You manage your payment method in your Account.

If a payment fails, we inform you; if a payment fails, NOBATECH may collect the amount due again, where applicable together with the next instalment; if the situation is not remedied, NOBATECH may suspend access and then terminate the Subscription after informing the Consumer (Section 14). No penalties or reminder fees.

An invoice is issued for each payment and made available electronically, in the Account and/or by e-mail.

The Subscription starts when you subscribe and, after any trial, renews for successive billing periods (monthly or annual, as chosen) until cancelled. You can cancel at any time, free of charge, from your Account using “Cancel your contract” (Article L215-1-1 of the French Consumer Code): nobamouse.eu/account/cancel. You can also write to support@nobamouse.eu or to the registered office.

If you cancel during the free trial, access ends when the trial ends and no payment is taken. Otherwise, cancellation takes effect at the end of the paid billing period (month or year): you keep access until then, with no further payment. A period already paid is not refunded; the discount for annual payment is granted in return for payment of the full year. The right of withdrawal in Section 10 is separate.

Changing the billing period. Switching from monthly to annual payment takes effect immediately; the unused part of the current month is credited against the annual Price. Switching from annual to monthly payment takes effect at the end of the paid year. Changing the billing period exercises an option already provided for in the Contract: it is not a new subscription and does not open a new withdrawal period (Section 10).

We confirm receipt without delay on a Durable Medium, stating the end date. Your right not to renew is repeated in the Account and in each payment confirmation (Article L215-1).

At the end of the Subscription, the Desktop Application licence ends (EULA). Account data is retained and then deleted under the Privacy Policy you can first retrieve content you provided or created (Article L224-25-22).

You have fourteen (14) days from each new subscription to withdraw without giving a reason (Article L221-18 of the French Consumer Code). The period starts at the beginning of the free trial or, without a trial, on activation. A new subscription after cancellation opens a new period; the change from trial to payment, renewals (monthly or annual) and a change of billing period do not.

To withdraw, use “Withdraw from contract here” in your Account: nobamouse.eu/account/withdraw, the Withdrawal Information and Model Withdrawal Form, or any unambiguous statement sent to support@nobamouse.eu or the registered office. It is enough to send it before the period expires.

We acknowledge your statement without delay on a Durable Medium, including its content and the date and time it was sent. The Contract ends when we receive your withdrawal, with no further payment; access to the Service and the Desktop Application licence end.

Immediate start. During checkout you may expressly request that the Service starts immediately, before the end of the withdrawal period, and acknowledge that you then pay for the Service provided until your withdrawal. Without this request, access starts after the withdrawal period.

If you withdraw, we refund the payments made under the Contract; where you expressly requested that the Service start during the withdrawal period, we deduct an amount proportionate to the Service provided until we received your withdrawal, calculated per day on the Price of the billing period (Article L221-25). Without such a request, the refund is in full. We refund without undue delay and no later than fourteen (14) days after receiving your decision, using the same payment method, at no cost. During the free trial, no payment has been taken, so there is nothing to refund. Your other statutory rights remain unchanged.

11.1 Supply

The Service is supplied without undue delay after conclusion of the Contract: access in the Account and download link for the Desktop Application. If not, you may require us to supply it and then terminate the Contract (Articles L224-25-11 et seq. of the French Consumer Code).

11.2 Updates

Throughout the Subscription we provide the updates, including security updates, needed to keep the Service in conformity, and we tell you when they are available and what happens if you do not install them. If you do not install an update within a reasonable time despite this information, we are not liable for a defect resulting solely from that.

Security updates for the Desktop Application are provided for at least five (5) years from the placing on the market of each major version; security updates are included in the Subscription and provided at no extra cost to holders of a valid licence. Report vulnerabilities to security@nobatech.eu.

11.3 Changes

We may change the Service for a valid reason (improvement, adaptation to operating systems, security, legal obligation), at no cost to you and after informing you. If a change has a more than minor negative impact on your use, we notify you on a Durable Medium within a reasonable time beforehand; you may then terminate the Contract free of charge within thirty (30) days, unless we let you keep the Service unchanged and in conformity (Article L224-25-25).

The more frequent changes specific to the Open Beta are described in the Beta Addendum.

We are bound by the statutory guarantee of conformity (Articles L224-25-12 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code). As the Service is supplied continuously, we are liable for any lack of conformity that appears during the Subscription. To claim, write to support@nobamouse.eu describing the defect; we bring the Service into conformity free of charge, without major inconvenience and within a reasonable time.

“Beta” status does not reduce this guarantee. Only a deviation concerning a particular feature of which you were specifically informed before ordering and which you expressly and separately accepted is not a lack of conformity (Article L224-25-14); these features are exhaustively listed in the Beta Addendum.

You use the Service for its intended purpose and in line with the Terms and the EULA. You must not: share your Account or login details, resell the Service or make it available to third parties; circumvent the Subscription check or security mechanisms; use the Service unlawfully or to the detriment of third-party rights; disrupt our online services. Keep a backup of your data and an alternative input method (Section 4).

We may suspend access to the Service, proportionately: (a) for unpaid amounts not settled after notice; (b) for a serious breach on your part; (c) to address a proven security risk. Except in an emergency, we warn you first, stating the reason and the remedy. Suspension is lifted as soon as the reason disappears.

We may terminate the Subscription: (a) for a serious breach not remedied within fifteen (15) days of formal notice, or immediately if continuing the Contract is impossible; (b) if the Service is discontinued, with at least 30 days’ notice and a pro-rata refund of the unused period.

We are liable for proper performance of the Contract under general law and the French Consumer Code, unless non-performance is attributable to you, to the unforeseeable and insurmountable act of a third party, or to force majeure. Only foreseeable and direct damage is recoverable (Articles 1231-3 and 1231-4 of the French Civil Code), except in case of gross negligence or wilful misconduct.

Nothing in the Contract limits our liability for personal injury, gross negligence or wilful misconduct, your rights under the statutory guarantees or product liability, or any liability that the mandatory law of your country of residence does not allow to be limited (for Germany, § 309 Nos. 7 and 8 BGB).

In case of force majeure (Article 1218 of the French Civil Code), performance is suspended and you do not pay for the period not supplied. Beyond thirty (30) days, either party may terminate; the unused period is refunded.

The Service, the Desktop Application, the content and the trademarks belong to NOBATECH or its licensors. You have the right to use the Desktop Application under the EULA for the duration of the Subscription (or the Transition Period). No other right is granted.

We process your personal data as controller, in accordance with the Privacy Policy, for the Account, the Subscription, payment, invoicing and our accounting and tax obligations. Webcam images are processed on your device only.

We may change the Terms or the Price for a valid reason: a change in the law or a decision by an authority, changes to features or costs (infrastructure, payment, tax), the end of the Open Beta or new offers.

We notify you on a Durable Medium at least 30 days in advance, stating the content and effective date. A new Price applies only to billing periods starting after that date; a year already paid is not affected. If you disagree, you cancel free of charge before it takes effect (Section 9); otherwise the change applies. Purely formal changes or changes in your favour may apply immediately.

For any question or complaint: support@nobamouse.eu, +33 6 11 38 16 21 or post to the registered office. We acknowledge receipt and reply within fifteen (15) days.

You must refer the dispute within one year of your written complaint. Mediation is optional; each party remains free to accept or reject the proposed solution.

The Contract is governed by French law, without depriving you of the protection of the mandatory provisions of the country where you live (Article 6(2) of Regulation (EC) No 593/2008 “Rome I”).

In the event of a dispute, in addition to the courts having jurisdiction under the French Code of Civil Procedure, you may bring the matter before the court of the place where you lived when the Contract was concluded or when the damage occurred (Article R631-3 of the French Consumer Code). If you live in another Member State, you may bring proceedings before the courts of your domicile (Article 18 of Regulation (EU) No 1215/2012); we may sue you only before those courts.

Closed Beta Participants are informed individually, at least 30 days in advance, of the end of the closed beta and the commercialisation of the Service (the “Prior Notice”).

They keep free access after the Launch Date: free access continues until thirty (30) days after the later of the following two dates: (a) the Launch Date; (b) the expiry of the thirty (30)-day notice period running from the Participant's receipt of the prior notice (the “Transition Period”). The end date is stated in the Prior Notice and in the Account. During this period the Participation Agreement continues to apply, except for confidentiality: from the Launch Date it covers non-public information only. Feedback licences remain in force.

No paid Subscription is taken out automatically and no payment method is charged without an active order. To continue after the Transition Period, the Participant takes out a Subscription (Section 6) and enjoys all the rights under these Terms. Otherwise the Participation Agreement ends; the Account and data follow the Privacy Policy, and the Participant may request a copy of their data (Article 20 GDPR).

On the Launch Date, the closed-beta application form and the closed-beta legal pages are taken offline on the Launch Date; Participants may obtain on request a copy of the documents they accepted.

Language. The Terms exist in French, German and English; the version in the Customer's language (French, German or otherwise English) is binding; in case of discrepancy the French version prevails to the extent permitted by mandatory law.

Severability. If a provision is void, the others remain in force; the applicable legal provision replaces it.

No waiver. Not enforcing a provision is not a waiver of it.

Assignment. We may assign the Contract to an entity taking over the Service, after informing you; you may then cancel free of charge.

• Withdrawal Information and Model Withdrawal Form: nobamouse.eu/legal/withdrawal-form
• End User Licence Agreement (EULA): nobamouse.eu/legal/eula
• Open Beta Addendum: nobamouse.eu/legal/beta-addendum
• Business Terms of Sale: nobamouse.eu/legal/terms-of-sale-business
• Data Processing Agreement (Article 28 GDPR): nobamouse.eu/legal/dpa
• Privacy Policy: nobamouse.eu/legal/privacy
• Privacy Notices: nobamouse.eu/legal/privacy-notices
• Website Terms of Use: nobamouse.eu/legal/terms-of-service
• Imprint: nobamouse.eu/legal/imprint
• Accessibility Statement: nobamouse.eu/legal/accessibility