📝 Notae

1. Agreement to Terms

These Terms of Use ("Terms") apply to the Notae mobile application ("Application" or "App") for iOS devices, created by Denis Yaremenko ("Service Provider", "we", "us", or "our") as a freemium service.

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. If you do not agree to all of these terms, you must not download or use the Application.

2. License and Usage Rights

2.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on iOS devices that you own or control, solely for your personal, non-commercial use.

2.2 Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the Application
• Reverse engineer, decompile, or attempt to extract the source code
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Rent, lease, lend, sell, redistribute, or sublicense the Application
• Use the Application for any illegal or unauthorized purpose
• Interfere with or disrupt the Application or servers/networks connected to it

2.3 Jailbreaking Warning

3. Intellectual Property Rights

All trademarks, copyrights, database rights, design rights, patents, and other intellectual property rights related to the Application remain the exclusive property of Denis Yaremenko.

The "Notae" name, logo, and all associated trademarks are owned by the Service Provider. You may not use these marks without prior written permission.

4. User Accounts and Data

4.1 Account Creation

To use certain features of the Application, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account

4.2 Your Content

You retain all rights to the voice recordings, notes, photos, and other content you create using the Application ("Your Content"). By using the Application, you grant us a limited license to:

• Store Your Content on our servers
• Process Your Content through AI services (Whisper for transcription, Claude for AI features)
• Sync Your Content across your devices via CloudKit

Important: We do not claim ownership of Your Content and will never sell or share it with third parties for marketing purposes.

5. AI-Powered Features

5.1 AI Services Disclosure

5.2 AI Processing

By using AI features, you acknowledge and agree that:

• Your voice recordings and text will be processed by third-party AI services
• AI-generated content may not always be 100% accurate
• You are responsible for reviewing and verifying AI-generated content
• We are not liable for errors or inaccuracies in AI-processed content

5.3 AI Limitations

The AI features are provided "as-is" and may have limitations including:

• Transcription accuracy depends on audio quality, accent, and language
• AI summaries are generated automatically and may miss nuances
• Photo scanning results depend on image quality and text clarity

6. Subscription and Payments

6.1 Free Tier

The Application offers a free tier with limited features. Free tier usage is subject to fair use policies and may include restrictions on:

• Number of voice recordings per month
• AI processing minutes
• Storage capacity

6.2 Pro Subscription

Pro subscription is available at $6.99/month and includes:

• Unlimited voice recordings
• Unlimited AI transcription and processing
• Extended storage
• Priority support
• Early access to new features

6.3 Payment Terms

• Subscriptions are billed monthly through Apple App Store
• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your Apple ID account settings

6.4 Free Trial

New users may be eligible for a free trial period. If offered, the free trial period will be clearly disclosed before purchase. You will be charged the subscription fee after the trial ends unless you cancel before the trial period expires.

6.5 Refund Policy

All purchases are processed through the Apple App Store and are subject to Apple's refund policies. We do not process refunds directly. To request a refund, please contact Apple Support or visit reportaproblem.apple.com.

7. Third-Party Services

7.1 Integrated Services

The Application utilizes the following third-party services:

• Firebase Services: For authentication, analytics, and crash reporting
• Google Analytics for Firebase: For usage analytics
• Firebase Crashlytics: For crash reporting and stability monitoring
• OpenAI Whisper: For voice transcription
• Anthropic Claude: For AI text processing
• Apple CloudKit: For data sync across devices

7.2 Third-Party Terms

Your use of these third-party services is subject to their respective terms and privacy policies:

• Google Analytics for Firebase Terms
• Firebase Crashlytics Terms
• OpenAI Terms of Use
• Anthropic Consumer Terms
• Apple CloudKit Terms

8. Internet Connection Requirements

Some functions of the Application require an active internet connection (Wi-Fi or mobile data). The Service Provider cannot be held responsible if the Application does not function at full capacity due to:

• Lack of access to Wi-Fi
• Exhausted data allowance
• Poor network connectivity
• Third-party service outages

8.1 Data Charges

9. Device Requirements and Battery

The Application requires iOS 16.0 or later. It is your responsibility to:

• Ensure your device meets minimum requirements
• Keep your device charged
• Maintain sufficient storage space

The Service Provider cannot be held responsible if you cannot access the Service due to device limitations, low battery, or insufficient storage.

10. App Updates and Modifications

10.1 Updates

We may release updates to improve features, fix bugs, or enhance security. You agree to download and install updates when offered. The Application may not function properly if you do not install updates.

10.2 Service Modifications

We reserve the right to:

• Modify or discontinue features at any time
• Change pricing with 30 days' notice
• Require newer operating system versions
• Cease providing the Application without notice

11. Prohibited Activities

You agree NOT to:

• Use the Application for any illegal purpose
• Attempt to hack, compromise, or gain unauthorized access
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or harm other users
• Impersonate others or misrepresent your identity
• Scrape, data mine, or collect user information
• Interfere with the proper functioning of the Application
• Use the Application to spam or send unsolicited communications
• Violate any applicable laws or regulations

12. Privacy and Data Protection

Your use of the Application is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review the Privacy Policy carefully.

12.1 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption in transit and at rest
• Secure cloud storage via CloudKit
• Regular security audits
• Limited employee access to user data

13. Termination

13.1 Termination by You

You may stop using the Application at any time by:

• Uninstalling the app from your device
• Canceling your subscription (if applicable)
• Requesting account deletion via the app settings

13.2 Termination by Us

We may suspend or terminate your access to the Application immediately, without prior notice, if:

• You breach these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• Required by law

13.3 Effect of Termination

Upon termination:

• Your license to use the Application ends immediately
• You must delete the Application from your device(s)
• We may delete your account and data after 30 days
• Outstanding subscription fees remain due

14. Disclaimers and Limitations of Liability

14.1 "AS IS" Disclaimer

14.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, or consequential damages
• Loss of data, profits, or business opportunities
• Damages resulting from use or inability to use the Application
• Third-party service failures or outages
• AI transcription or processing errors

In no event shall our total liability exceed the amount you paid for the Application in the 12 months preceding the claim, or $100, whichever is less.

14.3 AI Disclaimer

We make no warranties regarding:

• Accuracy of AI transcriptions or summaries
• Suitability of AI-generated content for any particular purpose
• Availability or reliability of third-party AI services

15. Indemnification

You agree to indemnify, defend, and hold harmless Denis Yaremenko and the Application from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use or misuse of the Application
• Your breach of these Terms
• Your violation of any laws or third-party rights
• Your Content or data submitted to the Application

16. Children's Privacy

The Application is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use the Application or provide any information.

If we discover that a child under 13 has provided us with personal information, we will delete such information immediately. Parents or guardians who believe their child has provided information should contact us at the address below.

17. Geographic Restrictions

The Application is controlled and operated from Ukraine. We make no representation that the Application is appropriate or available for use outside Ukraine. If you use the Application from other locations, you are responsible for compliance with local laws.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to conflict of law principles.

18.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Application shall be resolved through:

1. Informal Negotiation: Contact us first to attempt resolution
2. Mediation: If negotiation fails, parties agree to attempt mediation
3. Arbitration: If mediation fails, disputes will be resolved through binding arbitration in Lviv, Ukraine

19. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the Application
• Sending an email to your registered email address
• Displaying an in-app notification

Your continued use of the Application after changes take effect constitutes acceptance of the updated Terms. If you do not agree to changes, you must stop using the Application.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

21. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Denis Yaremenko regarding the Application, and supersede all prior agreements and understandings.

23. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

24. Survival

The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.