These Terms & Conditions (the “Terms”) form a legally binding agreement between NeaterNotes, Inc. ("NeaterNotes," "we," "our") and you (the “User”). By accessing or using any NeaterNotes services, websites, or mobile applications (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and by our separate Privacy Policy. If you do not agree, do not use the Services.
1. About the Services
NeaterNotes provides cross‑platform tools that let Users scan, digitize, organize, and enhance handwritten notes, together with optional cloud storage, a creator marketplace, and subscription‑based premium features.
2. Eligibility & Accounts
- You must be at least 16 years old (or the higher age required by local law) to create an account.
- Keep your credentials secure; you are responsible for all activity that occurs under your account.
- We may suspend or terminate accounts for suspected fraud, security breaches, or violations of these Terms.
3. User Content – Definition & Ownership
“User Content” means any data, text, handwriting samples, graphics, images, audio, video, files, or other materials that you upload, submit, store, or otherwise make available through the Services, including items sold or shared in the NeaterNotes Marketplace.
You retain all ownership rights in your User Content. Nothing in these Terms transfers title of your User Content to NeaterNotes.
4. License You Grant to NeaterNotes
To operate and improve the Services—including training and refining our artificial‑intelligence models—you grant NeaterNotes a world‑wide, non‑exclusive, transferable, sub‑licensable, royalty‑free license to host, cache, store, reproduce, adapt, translate, create derivative works from, transmit, and display your User Content solely for:
- providing, maintaining, and improving the Services;
- facilitating optional marketplace distribution (where you have chosen to publish or sell content); and
- complying with legal obligations.
Creator Rights. Because the license is non‑exclusive, you remain free to use, publish, monetize, or license your User Content elsewhere.
5. Privacy & Data Retention
We process personal data in accordance with our Privacy Policy. Key points:
- Retention Period. We keep personal and non‑personal data only for as long as necessary to (i) provide the Services; (ii) comply with legal obligations; (iii) resolve disputes; and (iv) enforce agreements. When data is no longer needed, we delete or anonymize it.
- Account Closure / Unsubscribe. When you close your account or cancel your subscription, you may request deletion of your personal data. We will honor verifiable requests within 30 days unless retention is required by law or to resolve ongoing disputes.
- Opt‑Out of AI Training. You may opt‑out of having your notes used to improve our AI models at any time via Settings → Privacy. Opt‑out will not affect core functionality but may reduce personalization quality.
6. NeaterNotes Features
- NeaterNotes Cloud – cloud backup for your notes. While we use commercially reasonable safeguards, you remain responsible for keeping original copies of critical information.
- NeaterNotes Beta – opt‑in access to pre‑release features. Feedback may be used to refine future updates.
- NeaterNotes Plus – subscription plan offering expanded storage, faster processing, shorthand recognition, and full marketplace access. Specific terms are presented at checkout.
7. Using the Services Responsibly
You agree to:
- respect third‑party intellectual‑property rights;
- keep your account secure;
- use the Services only for their intended purpose;
- refrain from uploading content that is illegal, infringing, or harmful; and
- avoid reverse‑engineering, scraping, or interfering with the Services.
Failure to comply may result in suspension, termination, and/or legal action.
8. Changes to the Services
We continually improve NeaterNotes and may add, modify, or remove features. We will provide advance notice of material changes when feasible.
9. Payment Terms
Certain features require payment (e.g., NeaterNotes Plus or in‑app purchases):
- Subscription Price. USD $9.99 per month (discounts available for verified students). Annual plans may be offered separately.
- Automatic Renewal. Subscriptions renew monthly by default. You may cancel any time up to 24 hours before the next billing cycle to avoid future charges.
- Refunds. Refund requests are governed by applicable law and the policies of Apple, Google, Stripe, or other payment processors.
10. Service Availability
We strive for 24/7 uptime but do not guarantee uninterrupted service. Outages, maintenance, and force‑majeure events (see § 19) may occur.
11. Third‑Party Services
The Services integrate with third‑party providers (e.g., Stripe for payments, AWS for hosting). Your use of those services is subject to their separate terms; NeaterNotes is not responsible for their acts or omissions.
12. Termination & Account Management
We may suspend or terminate your account for:
- material breaches of these Terms;
- non‑payment;
- prolonged inactivity.
Inactive accounts:
- Free accounts inactive for 12 months may have stored notes deleted.
- Paid accounts inactive for 12 months after subscription expiry may have stored notes deleted.
We will give 30 days’ notice before deletion, and provide a 60‑day recovery window after termination.
13. Limitation of Liability & Disclaimer
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied. To the maximum extent permitted by law, NeaterNotes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, revenue, profits, or goodwill. Where such disclaimers are not fully enforceable, NeaterNotes’ liability is limited to the greater of (i) the total fees you paid in the 12 months preceding the claim or (ii) USD $100.
This limitation does not apply to liability for gross negligence or intentional misconduct on NeaterNotes’ part.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; in such jurisdictions, our liability shall be limited to the extent permitted by law.
14. Intellectual‑Property Rights
All NeaterNotes software, trademarks, and content (excluding User Content and certain open‑source components) are owned by NeaterNotes or its licensors. You receive a limited, non‑transferable, non‑exclusive license to use the Services. No other rights are granted.
15. Marketplace Terms
If you upload or sell content in the NeaterNotes Marketplace:
- You grant NeaterNotes the license described in § 4.
- Revenue Share: 70 % creator / 30 % NeaterNotes, net of platform fees.
- You warrant that your content does not infringe third‑party rights.
- NeaterNotes may remove content violating these Terms.
Nothing herein restricts your right to distribute or monetize your own content elsewhere.
16. Dispute Resolution & Governing Law
These Terms are governed by the laws of the State of Delaware, USA. All disputes shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association, seated in Delaware. You waive any right to participate in class actions.
17. Additional Rights for EU Users
If you reside in the European Union:
- You have the right to withdraw from a subscription within 14 days without reason.
- Mandatory consumer‑protection laws in your country apply and are not affected by these Terms.
- You may access the EU Online Dispute Resolution platform.
- Under the GDPR, you have the rights of access, rectification, erasure, restriction of processing, data portability, and objection. You may exercise these rights by emailing privacy@neaternotes.com.
18. Feedback License
If you provide ideas or suggestions ("Feedback"), you grant NeaterNotes a perpetual, worldwide license to use, modify, and incorporate such Feedback without obligation or compensation.
19. Force Majeure
NeaterNotes is not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, network failures, or governmental actions.
20. Contact
Questions? Email contact@neaternotes.com or write to:
NeaterNotes, Inc.
651 N. Broad St., Suite 206
Middletown, DE 19709 USA
By using NeaterNotes, you agree to these Terms.
