Terms and Conditions for NoteIn App

Effective Date: [06 Jan. 2025]

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1. Introduction

Welcome to Notein, a handwriting note-taking app designed to help you take and organize notes more efficiently. These terms and conditions (the "Terms") govern your use of the Notein app (the "App") on Android devices, including any updates or modifications to the App. By using the App, you agree to be bound by these Terms.

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2. Ownership and Intellectual Property Rights

You retain all rights and ownership to the content you create, upload, or store using the App (your 'User Content'). By using the App, you grant Notein a limited, non-exclusive license to store, process, and display your User Content solely to provide the App's services to you. All intellectual property rights in the App's design, features, and functionality (excluding your User Content) remain the property of Notein or its licensors.

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You may use the App and its Content for personal use or light professional use, such as teaching, presentations, or freelance work, provided it does not involve large-scale reproduction, distribution, or monetization of the App’s proprietary Content."

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3. User Conduct

You agree to use the App only for lawful purposes and in a manner consistent with these Terms and all applicable laws and regulations. You agree not to:

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• Use the App in any way that violates any applicable federal, state, local, or international law or regulation;

• Engage in any activity that interferes with or disrupts the App or the servers and networks connected to the App;

• Attempt to gain unauthorized access to the App or its servers or networks, or to any user's account;

• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material into the App or its Content;

• Use the App for any large-scale commercial purpose or to offer services to third parties, except as expressly authorized by Notein;

• Use the App to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity;

• Use the App to solicit personal information from anyone under the age of 13; or

• Use the App to upload, transmit, or distribute any content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise prohibited by law or these Terms.

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Device Usage Terms

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You acknowledge and agree that we reserve the right to impose limits on the number of devices you can use to access this software online.

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You may access this software using a single Notein account on up to four devices simultaneously. If any specific sub-services within this software have different limits on the number of devices, the specific device limit requirements applicable to that sub-service at the time will prevail. Devices of the same type include devices within the same category (e.g., mobile phones, tablets, or computers).

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In case of suspicious or unauthorized activity, such as unusually frequent remote logins from different locations, we reserve the right to temporarily suspend your account for investigation to protect your data security.

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4. Termination and Account Deletion

Notein may terminate or suspend your access to the App and/or delete your account if there is a clear violation of these Terms, such as misuse or unauthorized access. You may request deletion of your account at any time by contacting Notein customer support. Upon account deletion or termination, Notein will provide a reasonable opportunity for you to export your data, unless prohibited by legal or security reasons.

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5. Disclaimer of Warranties

The App and its Content are provided "as is" and without warranty of any kind, whether express, implied, or statutory. Notein disclaims all warranties with respect to the App and its Content, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Notein does not warrant that the App or its Content will meet your requirements or that the operation of the App will be uninterrupted or error-free.

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Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such cases, Notein’s liability will be limited to the extent permitted by applicable law.

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6. Limitation of Liability

To the fullest extent permitted by law, in no event will Notein be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the App or its Content, whether or not Notein has been advised of the possibility of such damages. This includes, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from (a) the use or inability to use the App; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the App; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the App; or (e) any other matter relating to the App or its Content.

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Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, Notein’s liability will be limited to the extent permitted by applicable law.

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7. Indemnification

You agree to indemnify, defend, and hold harmless Notein and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms or your use of the App, including but not limited to any content you upload, transmit, or distribute through the App.

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8. Modifications and Termination

Notein reserves the right to modify, suspend, or terminate the App or these Terms at any time with reasonable notice, except in cases where immediate action is required due to legal, regulatory, or security concerns. You agree that Notein will not be liable to you or any third party for any modification, suspension, or termination of the App or these Terms, provided that users will be given a reasonable opportunity to export their data before termination, where feasible.

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9. Governing Law and Jurisdiction

These Terms and your use of the App will be governed by and construed in accordance with the laws of the United States of America and the State of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the federal or state courts located in San Francisco, California.

For users outside the United States, Notein may agree to resolve disputes through online arbitration or in the user’s local jurisdiction, at Notein’s discretion.

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10. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the App shall be resolved through confidential arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. However, you may opt out of this arbitration provision by sending written notice to Notein within 30 days of first accepting these Terms. If you choose to opt out, disputes will be resolved in the courts specified in Clause 9.

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11. Entire Agreement

These Terms constitute the entire agreement between you and Notein with respect to your use of the App and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Notein with respect to the App.

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12.Subscription Policy

By subscribing to Notein, you agree to the following terms and conditions:

 

12.1. Subscription Plans

Notein offers different subscription plans, which provide access to premium features and content within the app. The available subscription plans and their respective pricing are displayed on the Notein app and may vary based on your location.

 

12.2. Free Trial

Upon subscribing to Notein, you will be eligible for a 7 or 15-day free trial, during which you can enjoy all the benefits of the selected subscription plan without any charges. If you do not cancel your subscription before the end of the free trial period, the subscription will automatically renew, and the applicable fees will be charged to your selected payment method.

 

12.3. Subscription Term and Renewal

The subscription term will be specified when you sign up for a subscription. Subscriptions are automatically renewed unless you cancel them before the end of the current term or free trial period. You can manage your subscriptions and cancellation settings through your Google Play account.

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12.4. Billing and Payments

Payments for Notein subscriptions are processed through your Google Play account. The applicable fees will be charged to your selected payment method. Please note that Notein does not have control over the payment process, and any issues or inquiries related to payments should be directed to Google Play.

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12.5. Cancellation and Refunds

You can cancel your Notein subscription at any time before the end of the current term or free trial period to avoid being charged. If you cancel during the free trial period, you will not incur any charges. In exceptional cases, such as billing errors or technical issues, you may request a refund by contacting Notein support. Refunds will be issued at Notein’s discretion.

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12.6. Changes to Subscription Plans and Pricing

Notein reserves the right to modify or update subscription plans, features, and pricing at any time. Any changes will be communicated to you through the app or by email at least 30 days before they take effect. Continued use of the Notein app after such changes implies your acceptance of the modified terms.

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12.7. Termination or Suspension

Notein may terminate or suspend your subscription and access to the app if you violate the terms and conditions or engage in any unauthorized activities. In such cases, refunds will not be issued.

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12.8. Privacy

Notein values your privacy and handles your personal information in accordance with its Privacy Policy. By using Notein and subscribing to its services, you agree to the collection, use, and storage of your personal information as outlined in the Privacy Policy.

 

13. Contact Us

If you have any questions or concerns about these Terms or the App, please contact us at [support@notein.cn]