Last updated : 2026-09-21
Terms of use of the Noddy services
vrtice, a French simplified joint-stock company (SAS) with a share capital of €55,000, whose registered office is at 545 avenue de l'Europe, 38330 Montbonnot-Saint-Martin, France, registered with the Grenoble Trade and Companies Register under number 848 469 037 (hereinafter "vrtice"), specializes in virtual tour and 360° capture solutions and provides the "Noddy" services to its customers.
This English version is provided for convenience. The French version, Conditions générales d'utilisation, is the binding one.
Definitions
"Mobile App" means the Noddy application for iOS and Android, which controls the Station and takes the photos.
"Web App" means the Noddy application accessed through a browser, used to view and manage Panoramas, the account and Stations.
"Terms" means these Terms of Use of the Noddy Services.
"Customer" means the natural or legal persons who have entered into a contract with vrtice in order to access and use the Noddy Services.
"Customer Data" means the data used or produced by the Customer through the Noddy Services, in particular the photos taken during a sequence and the Panoramas.
"Panorama" means the 360° image stitched by the Stitching Service from the photos of a sequence.
"Stitching Service" means the online service that receives the photos of a sequence, stitches them into a Panorama, stores it and returns it.
"Noddy Services" means together the Mobile App, the Web App and the Stitching Service.
"Station" means the Noddy motorized capture station, controlled by the Mobile App.
"User" means a natural person who has access to the Noddy Services.
Purpose
The purpose of the Terms is to define the rights and obligations of the Customer when accessing the Noddy Services. Any access to and use of the Noddy Services implies knowledge of the Terms and their unreserved acceptance by the Customer and its Users, if any. vrtice reserves the right to modify these Terms at any time. In that case, the Customer will be informed by any useful means (email, notification at sign-in, etc.). Continued use of the Noddy Services constitutes acceptance of the modified Terms.
The sale of the Station and the pricing of the Stitching Service are covered by separate commercial documents.
Provision of the Noddy Services
The Mobile App is installed from the Apple App Store or Google Play. It works with a Station linked to the User's account. The Web App is accessed directly through a web browser, with no installation.
The User's account is opened by vrtice or by the Customer. The User is identified by means of his or her email address, which is the login, and password, or by means of his or her organization's sign-in service. Logins and passwords are personal and confidential. The User undertakes not to use them outside the use of the Noddy Services.
The Parties agree that the online communication of these credentials constitutes proof of the User's identity when using the Noddy Services. The communication protocols used are and will remain those in use on the Internet.
Access to the Noddy Services does not include telecommunications costs or Internet access costs, which remain the User's responsibility. Updates of the Mobile App and of the Station software may be required to keep using the Noddy Services.
vrtice uses reasonable means to keep the Noddy Services available. Interruptions remain possible, for maintenance or following an incident.
Obligations of the User
General obligations
The User is responsible for his or her use of the Noddy Services and, where applicable, for the quality of the Customer Data produced or used through the Noddy Services. The quality of a Panorama depends in particular on the phone used, the light and the scene photographed.
vrtice shall in no event be held liable for any misuse of the Noddy Services and of the Customer Data by the User.
The User declares and acknowledges that Customer Data is transmitted to the Stitching Service and stored on servers operated by vrtice or its providers, in order to provide the Noddy Services. vrtice exercises no control over the content of Customer Data and therefore does not guarantee the appropriateness, accuracy or quality of the Panoramas generated with the Noddy Services. It is up to the Customer to keep a copy of the Panoramas it needs.
The User further undertakes:
- to expressly refrain from using software or devices likely to disrupt the proper functioning of the Noddy Services, and from any action likely to impose a disproportionate load on vrtice's infrastructure;
- to inform vrtice as soon as he or she becomes aware of an act of piracy, and in particular of any unlawful or non-contractual use of the Noddy Services, whatever the means of distribution;
- not to sell, rent, sublicense or distribute the Noddy Services to third parties in any way.
Finally, the User shall not:
- use software or processes intended to copy the Noddy Services without vrtice's prior authorization;
- export the Noddy Services, or merge all or part of the Noddy Services with other computer programs;
- set up systems likely to hack the Noddy Services in whole or in part, or to breach these Terms.
In the event of a breach of these prohibitions by the Customer or its Users, the Customer may face legal action and damages, and have its access to the Noddy Services suspended by vrtice.
Use of the Station
The Station is motorized and rotates during the sequence. The User mounts it on a stable support, keeps the area around it clear and secures the phone before starting the sequence. The User follows the manual supplied with the Station. On a hazardous site, the site safety rules take priority over the use of the Station.
Content of the Panoramas
The Customer and its Users are entirely free as to the Panoramas made with the Noddy Services, provided they comply with the laws and regulations in force and respect copyright and other intellectual property rights (the Customer remains responsible for this verification and must be able to provide evidence on request). It is up to the User to make sure he or she is authorized to photograph the premises where the Station is used.
In particular, the Customer and its Users are prohibited from making, with the Noddy Services, any form of Panorama directly or indirectly associated with: pornography and eroticism, pedophilia, pirated programs, content of a racist nature, defamatory toward anyone or discriminatory in any way, content infringing human rights in general, violence in any form (human, animal or environmental), or the infringement of third-party intellectual property rights that may appear in the Customer Data.
Where the Customer Data or the Panoramas are confidential, the User alone is responsible for any distribution of that Customer Data or those Panoramas that may harm their confidential nature. It is up to the User to take all necessary measures to ensure the confidentiality of the Customer Data and the Panoramas, in particular when downloading or sharing them.
Liability
vrtice has no control over the use of the Noddy Services by the Customer and its Users. Consequently, the Customer alone is responsible for the use it makes of the Noddy Services, in particular in the event of use contrary to public order or morality, or of harm to the property or rights of third parties (privacy, image rights, etc.). The Customer alone shall collect any consents that may be required, in particular from the people present on the premises photographed.
Unless otherwise provided by mandatory law, vrtice shall in no event be liable for direct and indirect damage (including loss of profit, business interruption, loss of information or other pecuniary loss) resulting from the use of the Noddy Services.
In addition, the Customer and its Users acknowledge that vrtice shall not be liable for any loss of profit suffered by a third party, nor for any claim or legal action directed or brought against the Customer by a third party.
In any event, vrtice's liability, whatever its cause or basis, shall not exceed, in total, the sums paid by the Customer to vrtice for the Noddy Services over the last twelve months.
Personal data
The processing of the personal data of the Customer and its Users is described in the privacy policy. The data may be used by vrtice for statistical purposes, analysis and improvement of the Noddy Services, under the conditions set out in that policy.
Account deletion
The User may delete his or her account at any time from the Mobile App (Settings, Account) or by writing to vrtice. Deleting the account deletes the Panoramas linked to it.
Intellectual property
The Customer retains all its rights in the Customer Data. It authorizes vrtice to host it, process it and pass it to its technical providers, for the sole purpose of providing the Noddy Services.
With regard to the Customer and its Users, vrtice is and remains the owner of all intellectual property rights in the Noddy Services, the Station software, their logos and their graphic elements. vrtice grants the Customer and its Users a personal, non-exclusive and non-transferable right to use the Noddy Services, it being specified that they may not copy, modify, create a derivative work, reverse engineer or disassemble, or otherwise attempt to obtain the source code of the associated software (except where provided by law), nor sell, assign, sublicense or transfer in any way any right relating to the Noddy Services.
The Customer and its Users undertake not to modify the Noddy Services in any way, in particular in order to gain unauthorized access. They agree to access the Noddy Services only through the Mobile App distributed on the app stores and through the Web App.
Final provisions
Governing law and jurisdiction
The Terms are governed by French law.
The language applicable to these Terms, which prevails between the Parties and before any court, is French. Any notice, interpretation, performance or dispute relating to the Terms shall be conducted in French.
Should a dispute arise between vrtice and the Customer regarding the validity, performance or interpretation of the Terms, the parties undertake to first attempt to resolve it amicably.
To that end, the most diligent party shall notify the other of the start of the amicable phase. If, at the end of a period of thirty (30) days from that notice, vrtice and the Customer fail to reach an agreement, the dispute shall be submitted by the most diligent Party to the Commercial Court of Grenoble, which has sole jurisdiction, including in the event of summary proceedings, third-party claims or multiple defendants.
Miscellaneous
If any provision of these Terms is cancelled or deprived of all or part of its effects by a decision or an event beyond the control of either Party, this shall not entail the nullity of the other provisions of the Terms.
The fact that vrtice does not invoke a breach by the Customer of any of the obligations referred to in these Terms shall not be interpreted as a waiver of the obligation in question for the future.
Contact: contact@vrtice.com.