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.
2. Ownership and Intellectual Property Rights
The App and all content, features, and functionality included in or made available through the App, including but not limited to all text, graphics, logos, images, audio clips, video clips, data compilations, and software (collectively, the "Content"), are owned by Notein or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may only use the App and its Content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without the prior written consent of Notein or its licensors.
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:
- 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 commercial purpose, 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 objectionable.
Device Usage Terms
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.
(1). 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 software at the time will prevail. Devices of the same type refer to devices of the same category, including mobile phones, tablets, and computers (including laptops and desktop computers), among others.
(2). In the event of frequent and repeated remote logins to your Notein account, we reserve the right to suspend that Notein account."
4. Termination and Account Deletion
Notein may terminate or suspend your access to the App and/or delete your account at any time for any reason, including but not limited to a violation of these Terms. You may also request deletion of your account at any time by contacting Notein customer support. Upon termination or account deletion, your access to the App and any Content you have stored in the App may be permanently deleted and cannot be recovered.
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.
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.
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.
8. Modifications and Termination
Notein reserves the right to modify, suspend, or terminate the App or these Terms at any time without notice. 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.
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.
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.
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.
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 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.
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.
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. Please note that cancellation does not entitle you to a refund for any unused portion of the subscription period.
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. Continued use of the Notein app after such changes implies your acceptance of the modified terms.
12.7. Termination or Suspension
Notein may terminate or suspend your subscription and access to the app at any time if you violate the terms and conditions or engage in any unauthorized activities.
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.
Please read this Subscription Policy carefully before subscribing to Notein. By subscribing to Notein, you acknowledge that you have read, understood, and agreed to all the terms and conditions outlined above.
13. Contact Us
If you have any questions or concerns about these Terms or the App, please contact us at [service@notein.cn]