Terms of use

1. Purpose

These terms set the rules for accessing and using the service published by Eco Pulse, SASU. They apply to anyone who uses it, with or without an account.

They do not replace the commercial terms of an engagement: those live in the accepted quote, which prevails over this document on price, scope and deadlines.

2. Publisher of the service

The service is published by Eco Pulse, SASU, whose identity, registered office and hosting are detailed in the legal notice.

3. Acceptance and changes

Using the service means accepting these terms in the version in force on the day you connect.

We may change them: the date of the last update is at the top of the page, and any substantial change is announced by email or on your next sign-in before it takes effect. Refusing a new version has one consequence: stop using the service and ask for your access to be closed.

4. What the service includes

The service today brings together the following.

• A presentation site, freely accessible.
• A contact form to get in touch, and questionnaires an agency sends its clients through a private link.
• Online quotes, opened from a private link, readable, commentable and signable.
• A client area: task tracking and discussion threads about them, reports delivered by the agency and their comments, performance metrics and their curves, messaging, quotes and invoices, secure file and credential sharing, notifications, and managing the people at your company who have access to it.
• An admin area reserved for the Noki Mind team.
• A B2B platform: wholesale catalogues that wholesalers publish and run themselves, a seller area to run them in, and buyer accounts to order from them. No payment takes place there (see section 8).

The service evolves: features may be added, changed or removed, without calling into question work already commissioned.

5. Access, accounts and security

The agency's areas do not open freely: access to them is born of a named invitation, and of nothing else. It comes from Noki Mind for the admin area; for a client area, from Noki Mind or from someone who already has access to it. The B2B platform follows another rule, and it is the only one to: it is open to the businesses that come to it, and a buyer account opens there by placing an order, at the email address you enter and that a code confirms. An account, in every case, is personal and is not shared.

• You decide who at your company has access to your client area: you invite a colleague by email address, and you remove that access. Your company answers for those choices, and for what the people it lets in can see.
• You are responsible for keeping your password confidential, or the sign-in code that stands in for it, and for actions taken from your account.
• You undertake to provide accurate information and to keep it up to date, starting with your account's sign-in address: you change it from your settings, and the new one only takes the old one's place once the confirmation link has been opened.
• You tell us without delay about any unauthorised use of your account, at contact@nokimind.com.
• An API key given to a piece of software binds whoever created it: it acts in their name, within the permissions they gave it, and what it does is deemed done by them. It is kept like a password and revoked from the admin workspace as soon as it is no longer useful or its confidentiality is in doubt.
• The link copied on a post shows its title and its first visual to whoever holds it, with no account: that is what lets a single message say which post is meant. It opens nothing else and gives access neither to the service nor to the rest of your area, but it can be passed on: it is up to you to give it only to the people concerned.
• We may suspend access immediately where the security of the service or a third party's data is at stake.

6. Acceptable use

The service is used in good faith. The following are prohibited:

• any attempt to reach data not meant for you, and any circumvention of access controls;
• mass or automated extraction of content, and any abnormal load placed on the service;
• introducing malicious code, and any attack on the integrity or availability of the service;
• posting, in a quote comment, a task or report thread, a conversation or any other free-text field, unlawful or defamatory content, or content infringing a third party's rights;
• using the service for activity contrary to the regulation applicable to it, that of CBD in particular, or to carry prohibited health claims.

A breach may lead to immediate suspension of access, without prejudice to legal action.

7. B2B platform: wholesale catalogues and orders

The platform brings wholesalers and retailers together. Eco Pulse, SASU supplies the tool and nothing else: it is neither seller, nor buyer, nor agent, holds no stock, sets no price and is party to no sale. The sale is concluded between the wholesaler and their customer, and settled between them.

No payment, no invoicing and no shipping go through the service. An order placed here is an intention passed on, which the wholesaler may accept or not: it is not their acceptance, and it is they who get back in touch with their customer over payment and delivery. The progress shown (received, confirmed, being prepared, shipped, delivered, cancelled) is what the wholesaler declares, and it is not checked by us.

• The wholesaler answers for their catalogue: the accuracy of their descriptions, prices, availability and packing, the lawfulness of the products shown, the absence of any health or therapeutic claim, and compliance with the rules that apply to their trade. They also answer for the logo, colours and product images they upload, and warrant that they hold the rights to them, and for the free texts they publish on their catalogue, introduction and terms of sale included: the latter bind them alone and do not alter these terms.
• These catalogues sell between businesses, on both sides: opening a buyer account, like publishing a catalogue, means acting for a company and supplying an accurate company registration number, which we check against the business register. A number that cannot be found, is closed, or is borrowed is enough to close the access. From another European Union country, a valid intra-community VAT number is also required. Prices shown are exclusive of tax, unless the wholesaler states otherwise.
• One account may run several catalogues, each with its own address, livery and prices, and each is published on its own. A published catalogue opens either to everyone or to whoever holds its private link: in the latter case it is announced nowhere, but that link can be forwarded, and the wholesaler alone decides who gets it (they can break it at any time, which closes the catalogue to whoever had it). An unpublished catalogue is visible to its owner only. Publishing it makes it readable by everyone, prices included, and unpublishing it does not undo what has been read: orders already placed carry on.
• An order that has been sent can no longer be changed through the service. It can be cancelled for as long as the wholesaler has not shipped it; beyond that, the matter is settled between the two companies.
• We may take down a catalogue or a product reported as unlawful, and suspend a seller or buyer account that does not comply with this section, following the reporting procedure in the legal notice.

The basket you build before ordering lives in your browser and not with us: it does not follow you from one device to another, and clearing the site's data removes it. What is kept is the order.

8. Quotes and electronic signature

A quote is opened from a private link: whoever holds the link can read it, comment on it and sign it. It is up to you to share it only with people entitled to commit your company.

Signing means ticking the acceptance box, then drawing your signature or typing your name: both gestures carry exactly the same weight, it is the ticked box that carries consent. A code sent by email verifies the signer's address.

On signature, the service records the declared identity, the selected lines, the totals recomputed by the server, the date, the time and a SHA-256 fingerprint of the document. That fingerprint makes it possible to check at any time that the document has not changed since. The parties recognise this set as a simple electronic signature within the meaning of the eIDAS Regulation and agree that it constitutes evidence between them.

A signed quote is binding. Its notes and particular conditions prevail over this document.

9. Credentials entrusted to Noki Mind

You may entrust us with access to your tools (shop, host, ad account) so that we can work. That access is encrypted, every read is logged, and you can revoke it at any time from your area or by changing the password concerned.

You remain responsible for the rights you grant and you warrant that you are entitled to grant them. We only use them to carry out the agreed engagement.

10. Files you add

Your area includes a shared folder, where either side adds whatever the engagement needs: visuals, videos, documents. What sits there is visible to you and to the Noki Mind team, and to nobody else: no public address leads to it. A file attached to a message in a conversation joins the others there, under the same rules: it is the same folder, seen from where it was talked about. How that folder is filed into subfolders is kept by the Noki Mind team, which alone creates, renames and deletes them; you see all of them, you browse them, and you add files to the one you have open. Filing touches no file, and deleting a folder deletes none either: what it held simply moves up one level.

You can remove files that came from your side at any time. Files added by Noki Mind stay in our hands: ask us to remove one and we will.

Only add files you are entitled to share, and nothing unlawful or harmful. Every file type is accepted; what the service bounds is room: the size of each file and the total granted to your folder. A file is never executed by the service, and those a browser could interpret (a vector image, a web page) are downloaded instead of displayed. The team may ask the assistant in its admin workspace to read the text of a document in order to summarise it or look something up in it, and to send a file to a service it has connected to that workspace, which then comes and fetches it through a temporary download link; the privacy policy says what becomes of that text and that file, and what that link allows. We may remove a manifestly unlawful file and suspend access in case of abuse.

This folder goes with the engagement: it is neither a backup nor an archiving service. Keep your originals on your side.

11. Intellectual property

The site, the application, their text, illustrations, code and the “Noki Mind” name remain the property of Eco Pulse, SASU. No reproduction, adaptation or reuse is permitted without prior written consent.

You keep every right over the content you upload (text, images, trademarks, data). You grant us, for the duration of the engagement and for its needs alone, the right to host, reproduce and adapt it.

Deliverables of an engagement are assigned to you on the terms set out in the accepted quote.

12. Availability and maintenance

We use reasonable means to keep the service available, without guaranteeing that it runs without interruption or error. Interruptions may occur for maintenance, updates or external causes (a host outage, a network incident, force majeure). Foreseeable ones are announced in advance.

13. Liability

Noki Mind is bound by an obligation of means. It cannot be held liable for indirect damage, in particular loss of revenue, customers, data or reputation, nor for damage resulting from a breach attributable to you, from a third party, or from the failure of a third-party service.

For what concerns the service described here, outside any invoiced engagement, Noki Mind's liability is capped at the amounts actually paid over the last twelve months. None of these limits applies in case of gross negligence, wilful misconduct or personal injury.

The service provides no legal advice. It is up to you to check that your business and your content comply with applicable regulation, in particular that of CBD.

14. Third-party services

The service relies on providers (hosting, database, email delivery, Google sign-in) and may link to third-party services, starting with Shopify. Their terms and policies are their own, and we do not answer for them. Our providers are listed in the privacy policy.

The agency may also connect to its admin workspace services it already uses, so that its assistant knows how to query them. Those services remain the agency's own: they are opened and cut off from its workspace, their terms are those of their publishers, and whatever is sent to them is processed under those terms. The privacy policy says what may reach them.

15. Personal data

The processing of your personal data is described in the privacy policy, which forms an integral part of these terms.

16. Duration, suspension and closing of access

These terms apply for as long as you use the service. You may ask for your access to be closed at any time, at contact@nokimind.com.

We may close an access that has become pointless (end of engagement) or in case of a breach, after warning unless security requires immediate action. Closing an access does not erase documents the law requires us to keep, signed quotes included.

17. Governing law and disputes

These terms are governed by French law. The service is aimed at professionals: in case of disagreement, the parties first seek an amicable solution; failing that, the dispute falls to the competent courts of the place of Noki Mind's registered office, including where there are several defendants or third-party proceedings.

Should one clause be held void, the others remain in force.

18. Write to us

A question about these terms: contact@nokimind.com. The publisher's details are in the legal notice.