End-User License Agreement
Updated: March 13, 2021
Please read this End-User License Agreement (“Agreement”) carefully before downloading or using Notecap (“Application”).
By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Notecap.io and it governs your use of the Application made available to you by Notecap.io.
If you do not agree to the terms of this Agreement, do not download or use the Application.
The Application is licensed, not sold, to you by Notecap.io for use strictly in accordance with the terms of this Agreement.
Notecap.io grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement and as permitted by the usage rules set forth in the relevant terms of service of your respective device operating systems, except that such Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section ‘License’.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Notecap.io. or its affiliates, partners, suppliers or the licensors of the Application.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Notecap.io with respect to the Application shall remain the sole and exclusive property of Notecap.io.
Notecap.io shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Notecap.io reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Notecap.io may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Notecap.io has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Application, you must submit your notice in writing to the attention of “Copyright Infringement” of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Copyright Infringement Notice
In order to lodge a complaint with us, please contact using the details above with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
The Application and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Notecap.io and its licensors. The Application is protected by copyright, trademark, and other laws of both the law of England and Wales and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Notecap.io. Nothing in this agreement constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Application only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Application to create, display, use, play, and download Content subject to this agreement.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Our Application allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Application, including its legality, reliability, and appropriateness.
By posting Content to the Application, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Application. You retain any and all of your rights to any Content you submit, post or display on or through the Application and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in this Agreement, and (ii) the posting of your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Application into disrepute.
We may use Content that you make available in the Application for Analytic purposes, but such Content will always be completely anonymized (by a cryptographically secure mathematical one-way transformation or similar process) before it is distributed to our servers. By using the Application you agree and consent to the foregoing uses of any Content (including your voice input and other data provided by you) for such purposes.
A subscription is valid for either 1 month, 6 months, or 12 months, depending on the subscription type selected.
For iOS users:
Payment will be charged to your iTunes Account upon confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. No advance notice of this will be provided by Notecap.io. Your account will be charged for renewal at the price listed within 24-hours prior to the end of the current period. Subscriptions may be managed and auto-renewal turned off via Settings > iTunes & App Store > Apple ID > View Apple ID > Subscriptions. No cancellation of the current subscription is allowed during the then active subscription period and refunds will not be provided for any unused portion of the term.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Notecap.io shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof Notecap.io does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
You must comply with applicable terms and conditions of any Third-Party Services.
You and Notecap.io each acknowledge and agree that Apple or Google and their respective subsidiaries, as applicable, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, they will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Term and Termination
This Agreement shall remain in effect until terminated by you or Notecap.io.
Notecap.io may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Notecap.io, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Notecap.io's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Notecap.io and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Notecap.io on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Notecap.io provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Notecap.io nor any of its affiliates and its and their respective licensors and service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Notecap.io are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
In the event of any failure of the Application to conform to any applicable warranty:
For iOS users: you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Notecap.io and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Notecap.io or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Notecap.io or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You and Notecap.io each acknowledge that Notecap.io is solely responsible for addressing any claims (including claims that the Application infringes any other party’s intellectual property rights) that you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
Notecap.io reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
This agreement and conditions shall be governed by and construed in accordance with the law of England and Wales. Your use of the Application may also be subject to other local, state, national, or international laws.
By downloading or using the Application, you present and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Agreement constitutes the entire agreement between you and Notecap.io. regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Notecap.io.
You may be subject to additional terms and conditions that apply when you use or purchase other Notecap.io services, which Notecap.io. will provide to you at the time of such use or purchase.
If you have any questions about this Agreement, please send an email to firstname.lastname@example.org.