Terms of use and sale

1. Purpose

These terms and conditions (the “Terms”) govern the use of the Neuroptis software (desktop application and web area, the “Service”) and the purchase of paid subscriptions. The Service is published by Robin Kawka EI, trading as Neuroptis, SIRET 10570578400012, 9 rue de Zurich, 67000 Strasbourg, France (the “Publisher”).

They apply to anyone who creates an account (the “User”), whether acting in a professional capacity (the “Business Customer”) or as a consumer (the “Consumer Customer”). Creating an account and each subscription constitute acceptance of the Terms in force, which can be viewed at any time on this page.

2. Description of the Service

Neuroptis is visual and cognitive training software for support professionals (in particular orthoptists, occupational therapists, special-needs teachers and coaches). It offers exercises and the follow-up of the people supported (the “beneficiaries”) and of their results. The features available depend on the plan purchased, described on the plans page.

The Service is a training and support tool: it has no medical purpose, is neither a medical device nor a diagnostic tool, and does not replace the advice of a healthcare professional.

3. Account

• The User provides accurate information and keeps it up to date from their account.
• They are responsible for keeping their login details confidential and for any use of their account. An account is strictly personal.
• The Publisher may suspend an account in the event of fraudulent use or use contrary to the Terms, after informing the User except in an emergency.

4. Free trial

A free trial is offered when the account is created, for the period indicated on the plans page. It requires no credit card and involves no commitment: at the end of the trial, access to the paid features ends unless the User purchases a subscription.

5. Plans and prices

• The plans, their features and their prices are shown on the plans page, in euros. TVA non applicable, art. 293 B du CGI.
• Subscriptions are monthly or yearly, payable in advance for each period.
• The Publisher may change its prices. Any increase is notified by email at least 30 days before it applies, from the following renewal. A User who refuses it may cancel before that date, free of charge.

6. Subscription, payment and invoices

• Subscriptions are taken out from the web area. The User states whether they subscribe as an individual or as a business and enters their billing details.
• Payment is processed by our provider Stripe. The Publisher never has access to full card details.
• The subscription renews automatically at each due date, for an identical period, until cancelled.
• Invoices are sent by email and can be downloaded at any time from the web area. A change to the billing details applies to subsequent invoices; an invoice already issued is not modified.

7. Change of plan

The User may ask to change plan or billing period from their account. The change takes effect at the end of the current period; the new plan is invoiced from that date. A request can be cancelled as long as it has not taken effect.

8. Cancellation

• The User may cancel their subscription at any time from their account. Cancellation takes effect at the end of the current period: access is maintained until that date and no further payment is taken.
• As long as the period has not ended, the cancellation can be reversed from the account.
• The current period is not refunded pro rata, subject to Article 10.

9. Failed payment

If a payment fails, the User is informed by email and invited to settle the situation (for example by updating their payment method). After three unsuccessful reminders, the subscription ends and access to the paid features is suspended.

10. Right of withdrawal and refunds

The Consumer Customer in principle has 14 days to withdraw from a contract concluded at a distance. As the Service is digital content supplied immediately after payment, the Consumer Customer requests, when subscribing, immediate performance of the Service and expressly waives their right of withdrawal, in accordance with Article L221-28 13° of the French Consumer Code. The free trial, with no commitment, makes it possible to test the Service before any payment.

The Business Customer does not have a right of withdrawal.

Any refund request, whatever the reason, can be sent to hello@neuroptis.fr; it is considered on a case-by-case basis.

11. Availability and liability

• The Publisher endeavours to ensure continuous access to the Service but cannot guarantee it: interruptions may occur for maintenance, updates or technical incidents.
• The User remains solely responsible for their use of the Service, the data they enter and the decisions they make with their beneficiaries.
• Towards the Business Customer, the Publisher’s liability is limited to direct and proven damage, up to the amounts paid during the last 12 months.
• Towards the Consumer Customer, the Publisher is liable for damage under the conditions provided by law; nothing in the Terms limits their statutory rights.

12. Personal data and beneficiaries’ data

The processing of the User’s data is described in the privacy policy.

For beneficiaries’ data entered in the Service (identity, laterality, visual skills worked on, exercise results, free notes), the User is the data controller and the Publisher acts as a processor within the meaning of Article 28 GDPR. As such, the Publisher:

• processes this data only to provide the Service, on the User’s instructions;
• guarantees its confidentiality and implements appropriate security measures;
• only uses the sub-processors listed in the privacy policy, and informs the User of any change;
• helps the User respond to requests from their beneficiaries to exercise their rights;
• notifies the User as soon as possible in the event of a data breach;
• deletes this data when the account is deleted, and exports it on request sent to hello@neuroptis.fr.

The User undertakes to inform their beneficiaries of the processing of their data and to enter only the data necessary for the support provided.

13. Intellectual property

The Publisher grants the User, for the duration of their access, a personal, non-exclusive and non-transferable right to use the Service. The software, exercises and content remain the property of the Publisher; any copying, resale, decompilation or making available to third parties is prohibited. The data entered by the User remains theirs.

14. Changes to the Terms

The Terms may change. Any significant change is notified by email before it comes into force; a User who refuses it may cancel their subscription under the conditions of Article 8.

15. Complaints

Any complaint can be sent to hello@neuroptis.fr. The Publisher undertakes to reply within 15 days and to seek an amicable solution.

16. Governing law and disputes

The Terms are governed by French law. For a Business Customer, any dispute not resolved amicably falls under the jurisdiction of the courts of Strasbourg. The Consumer Customer may refer the matter to the court provided for by law, in particular that of their place of residence.