Business Terms of Sale

Version of 5 November 2026

In brief

  • These terms apply to business customers (companies, healthcare and medico-social institutions, educational institutions, public bodies). Consumers are covered by the Terms of Sale and Use.
  • Same product as the consumer offer, billed per Seat and per month, excluding VAT: one (1) Seat = one (1) named User, who may activate the Desktop Application on up to three (3) devices.
  • Order following direct contact, using a Quote / Order Form (bank transfer within 30 days, purchase order, Chorus Pro).
  • No minimum term: cancel at any time, effective at the end of the current monthly period.
  • Where NOBATECH processes personal data on the Customer’s behalf, the Data Processing Agreement (Article 28 GDPR) applies automatically.
  • Nobamouse is general-purpose software for operating a computer; it is not a medical device.

1.1 Business customers

These Business Terms of Sale (the “Business Terms”) govern the supply of the Nobamouse service (the “Service”) by NOBATECH SAS (“NOBATECH”, identified in Section 11) to any legal or natural person acting for professional purposes (the “Customer”), in particular: companies (workplace accessibility), healthcare and medico-social institutions (clinics, rehabilitation centres), educational institutions (schools, universities), including public bodies. The person ordering on behalf of the Customer represents that they are authorised to bind the Customer. Consumers are governed exclusively by the Terms of Sale and Use.

Reselling the Service, Seats or Codes to third parties is not permitted.

1.2 Small businesses

Where a contract is concluded off-premises (within the meaning of the French Consumer Code) with a business Customer employing five (5) or fewer employees and its subject matter falls outside the Customer’s core business, that Customer benefits from the pre-contractual information rules and the fourteen (14) day right of withdrawal provided for consumers (Article L221-3 of the French Consumer Code).

1.3 Contract documents

The contract (the “Contract”) consists of, in descending order of priority: (1) the Quote / Order Form accepted by both parties, if any; (2) these Business Terms; (3) the Data Processing Agreement (Article 28 GDPR) (the “DPA”); (4) the End User Licence Agreement (EULA) (the “EULA”); (5) during the Open Beta, the Open Beta Addendum, to the extent compatible with these Business Terms.

The Customer’s general purchasing terms or any other terms on a Customer purchase order are excluded, even if NOBATECH has not expressly objected to them; a Customer purchase order serves only to identify the order (references, amount, budget allocation).

1.4 Public bodies

Where the Customer is a public purchaser, the mandatory provisions of the French Public Procurement Code (in particular on payment periods, late-payment interest and electronic invoicing) prevail over any conflicting provision of the Contract.

2.1 Ordering

To order, contact our sales team at commercial@nobamouse.eu.

Following direct contact, the Customer orders by means of a Quote / Order Form issued by NOBATECH, valid for 30 days and accepted by the Customer (signature, “Bon pour accord” stamp, or a purchase order referring to it). The Contract is concluded upon receipt by NOBATECH of the accepted Quote / Order Form.

2.2 Seats and administration

Definition: one (1) Seat = one (1) named User, who may activate the Desktop Application on up to three (3) devices. The Customer appoints one or more administrators who assign and reassign Seats to its own users (employees, staff, pupils or students, persons cared for or supported by the Customer; the “Users”) in the administration area. A Seat may be reassigned when a User no longer needs it; it may not be shared by several persons at the same time. The number of Seats may be increased at any time and reduced with effect from the next period.

2.3 Licence codes

NOBATECH may provide the Customer with activation codes or vouchers (the “Codes”) corresponding to Seats, which the Customer hands out exclusively to its own Users. Codes may not be sold, transferred or given to third parties; a Code used in breach of this rule may be deactivated.

2.4 Licence and Customer responsibility

Each User uses the Desktop Application in accordance with the EULA; the Customer is the licensee and ensures that its Users comply with the EULA. The Customer is responsible for configuring its workstations and informing its Users.

2.5 Intended 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. The Customer shall not use or present the Service as a medical device or for diagnosis, treatment, rehabilitation or monitoring of health.

3.1 Price

The price per Seat per month is: EUR 29.99 excl. VAT per Seat per month. Prices are prices excluding VAT; VAT added at the applicable rate. The applicable price is stated in the Quote / Order Form.

3.2 VAT

VAT is charged in accordance with the law. Where the Customer is a taxable person established in another EU Member State and provides a valid EU VAT identification number, the invoice is issued without VAT and bears the statement “Reverse charge (Article 196 of Directive 2006/112/EC)”; the Customer accounts for the VAT. The Customer is responsible for the accuracy of its VAT number and informs NOBATECH of any change.

3.3 Invoices

Invoices are issued electronically, in the Account and/or by e-mail. In addition, invoices are issued in accordance with the applicable invoicing rules, including, where applicable, the French e-invoicing reform (reception from 1 September 2026; issuance by NOBATECH no later than the date applicable to it); invoices to public bodies are submitted through Chorus Pro. The Customer provides the information needed for invoicing (legal name, address, SIRET or VAT number, billing e-mail address, purchase order number and, for public bodies, the Chorus Pro service code and commitment number).

4.1 Payment terms

Under a Quote / Order Form, payment may be made by bank transfer on invoice, payable thirty (30) days from the invoice date. Bank details are stated on the Quote / Order Form and on each invoice.

4.2 Late payment

Any amount not paid when due automatically bears, without prior reminder, late-payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points (Article L441-10 II of the French Commercial Code), plus a fixed recovery indemnity of EUR 40 (Articles L441-10 and D441-5 of the French Commercial Code); additional compensation may be claimed on proof where recovery costs are higher. No discount is granted for early payment. For public purchasers, the late-payment interest and fixed indemnity provided by the French Public Procurement Code apply.

4.3 Suspension

In case of non-payment, NOBATECH may, after a formal notice sent by e-mail has remained without effect for 15 days, suspend access to the Seats concerned until full payment, without prejudice to termination under Section 5.

The Contract is concluded for one (1) month and renews automatically for successive monthly periods, unless the Quote / Order Form states a different term. The Customer may cancel at any time in the administration area or by e-mail to billing@nobamouse.eu; cancellation takes effect at the end of the current period. Amounts paid for a period that has started are not refunded.

Either party may terminate the Contract by written notice if the other party commits a material breach that is not remedied within thirty (30) days of a formal notice.

When the Contract ends, the licences end and Users stop using the Desktop Application. Data processed on the Customer’s behalf are returned or deleted in accordance with the DPA.

Support is provided by e-mail at support@nobamouse.eu, in French, German and English, on business days. NOBATECH handles requests as quickly as reasonably possible, without any committed response time or availability level unless the Quote / Order Form provides otherwise. During the Contract, NOBATECH provides updates to the Desktop Application, including security updates, for a support period of 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. Vulnerabilities can be reported to security@nobatech.eu. The Customer has security updates installed on its workstations within a reasonable time.

NOBATECH provides the Service with the care of a diligent professional and in accordance with its documentation. The Service is provided in Open Beta under the Beta Addendum; NOBATECH does not warrant uninterrupted or error-free operation. The Customer keeps an alternative input method available for its Users.

NOBATECH’s liability is limited to direct and foreseeable damage; it is excluded for indirect damage, in particular loss of business, revenue, data or reputation. NOBATECH’s total liability, for all causes combined, is limited to the total amount (excluding VAT) actually paid by the Customer under the Contract during the twelve (12) months preceding the event giving rise to liability.

These limitations do not apply in case of gross negligence or wilful misconduct, bodily injury, or where applicable law prohibits them. Neither party is liable for a failure caused by force majeure (Article 1218 of the French Civil Code).

NOBATECH processes the data of the Customer’s contact persons (customer relationship, orders, invoicing, support) as controller, in accordance with the Privacy Policy.

Where NOBATECH processes personal data of Users on the Customer’s behalf (accounts and Seat assignment, licences and devices, support tickets), it acts as processor; the Data Processing Agreement (Article 28 GDPR) then applies automatically and forms an integral part of the Contract, without a separate signature. Webcam images are processed exclusively locally on the device and are never transmitted to NOBATECH. The Customer does not enter any health data in the administration fields.

Each party keeps confidential the non-public information of the other party obtained under the Contract (in particular individual pricing, technical and security information) and uses it only to perform the Contract, during its term and for two (2) years thereafter, unless disclosure is required by law (including rules on access to administrative documents applicable to public bodies).

NOBATECH may change the Business Terms or prices by notifying the Customer by e-mail at least 30 days before the change takes effect. A Customer who does not accept the change may cancel before that date; otherwise, the change applies from the next monthly period. The terms of an accepted Quote / Order Form remain applicable until it expires.

11.1 Seller

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

Billing: billing@nobamouse.eu support: support@nobamouse.eu.

11.2 Governing law and jurisdiction

The Contract is governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating to the Contract falls within the exclusive jurisdiction of the commercial chamber of the Tribunal judiciaire of Metz, including in case of multiple defendants or third-party claims, subject to mandatory rules of jurisdiction, in particular those applicable to administrative contracts with public bodies.

11.3 Language

The Business Terms are available 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.

11.4 Miscellaneous

If any provision is held invalid, the remaining provisions remain in force. The Customer may not assign the Contract without NOBATECH’s consent. NOBATECH may name the Customer as a reference only with its prior written consent.

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