Terms of use

1. Purpose

These terms set the rules for accessing and using the service published by Noki Mind, 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 Noki Mind, 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 and a discovery questionnaire, to get in touch.
• Online quotes, opened from a private link, readable, commentable and signable.
• A client area: task tracking, quotes, secure credential sharing, notifications.
• An admin area reserved for the Noki Mind team.

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

5. Access, accounts and security

The signed-in areas do not open freely: access is born of a named invitation sent by Noki Mind, and of nothing else. An account is personal and is not shared.

• You are responsible for keeping your password confidential and for actions taken from your account.
• You undertake to provide accurate information and to keep it up to date.
• You tell us without delay about any unauthorised use of your account, at contact@nokimind.com.
• 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 or a 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 CBD, or to carry prohibited health claims.

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

7. 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.

8. 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.

9. Intellectual property

The site, the application, their text, illustrations, code and the “Noki Mind” name remain the property of Noki Mind, 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.

10. 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.

11. 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.

12. 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.

13. Personal data

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

14. 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.

15. 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.

16. Write to us

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