Terms of Service

1. Acceptance of Terms

Welcome to Notesmakr ("we," "our," or "us"). By accessing or using our mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and Notesmakr. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

Notesmakr is a study application that helps learners understand and retain knowledge using the Feynman Technique. Our Service allows you to:

• Create and manage study notes
• Record audio and transcribe it into text using AI technology
• Generate flashcards, quizzes, and mind maps from your content
• Upload and process PDF documents
• Transform complex material into simplified explanations
• Track your learning progress

The Service uses Google's Gemini AI API for audio transcription and content generation. By using these features, you acknowledge that your content will be processed by third-party AI services.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.2 Account Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian to use the Service.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

4. Subscription Plans and Billing

4.1 Subscription Tiers

Notesmakr offers multiple subscription tiers:

• Free Plan: Limited access to features with usage restrictions
• Student Plan: Enhanced features with higher usage limits
• Pro Plan: Advanced features and increased usage limits
• Scholar Plan: Premium features and highest usage limits

Each plan includes specific limits on:

• Number of notes that can be created per period
• AI content generations per period
• Audio transcription time per period

4.2 Billing and Payments

• Subscriptions are billed on a monthly or annual basis, as selected
• Payments are processed through Apple App Store or Google Play Store
• Subscription management is handled through RevenueCat
• All payments are non-refundable except as required by law
• Prices are subject to change with 30 days' notice

4.3 Upgrades and Downgrades

• Upgrades: Take effect immediately upon purchase
• Downgrades: Take effect at the end of your current billing period
• You will retain access to your current plan features until the period ends
• Billing period changes (monthly ↔ annual) follow the same rules

4.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel. You can cancel auto-renewal at any time through your device's subscription management settings. Cancellation will prevent future charges but will not refund the current period.

4.5 One-Time Purchases

In addition to subscriptions, you may purchase:

• Note Packs: Additional note creation credits
• Audio Packs: Additional audio transcription time

One-time purchases are non-refundable and do not expire.

4.6 Free Trial (if applicable)

If we offer a free trial, you may be charged when the trial ends unless you cancel before the trial period expires. Trial eligibility is determined by us and may be limited to new users.

5. Usage Limits and Fair Use

5.1 Usage Tracking

Your usage is tracked based on your subscription plan limits. Usage resets at the start of each billing period. You can view your current usage within the app.

5.2 Fair Use Policy

You agree to use the Service in accordance with the intended purpose and not to:

• Abuse or exploit the AI generation features for commercial purposes without authorization
• Share account credentials or allow unauthorized access
• Use automated systems to access the Service beyond normal usage patterns
• Circumvent usage limits through technical means
• Resell or redistribute generated content as a service

5.3 Exceeding Limits

If you exceed your plan's usage limits, you may:

• Upgrade to a higher tier plan
• Purchase additional credits (notes/audio packs)
• Wait until your next billing period for limits to reset

6. User Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to the content you create, upload, or generate using the Service ("User Content"), including:

• Text notes and explanations
• Audio recordings
• Uploaded documents and PDFs
• AI-generated flashcards, quizzes, and mind maps

6.2 License to Us

By using the Service, you grant us a limited, non-exclusive, worldwide license to:

• Store and process your content to provide the Service
• Send your content to third-party AI services (Google Gemini) for processing
• Create backups and ensure service reliability

This license ends when you delete your content or close your account, except for content retained in backups for a reasonable period.

6.3 Our Intellectual Property

The Service, including its design, features, software, and documentation, is owned by Notesmakr and protected by intellectual property laws. You may not:

• Copy, modify, or reverse engineer any part of the Service
• Remove copyright notices or branding
• Create derivative works based on the Service
• Use our trademarks without permission

6.4 AI-Generated Content

Content generated by our AI features is provided "as-is" for your personal study use. While you own the AI-generated output, we make no warranties about its accuracy, completeness, or suitability for any particular purpose.

7. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose
• Upload content that infringes others' intellectual property rights
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or harm other users
• Impersonate others or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Scrape or extract data using automated means
• Use the Service to generate content that violates laws or third-party rights
• Share copyrighted materials without permission

8. Third-Party Services

The Service uses third-party services, including:

• Google Gemini AI: For audio transcription and content generation
• Supabase: For data storage and authentication
• RevenueCat: For subscription management
• Apple App Store / Google Play Store: For payments

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services or their actions.

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

Key points:

• We collect audio recordings, notes, and account information
• Audio is processed by Google Gemini AI for transcription
• Data is stored securely on Supabase servers
• You can delete your data at any time

For complete details, please review our Privacy Policy.

10. Disclaimers and Limitations of Liability

10.1 Service "As-Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 AI-Generated Content

We do not guarantee the accuracy, completeness, or reliability of AI-generated content. Flashcards, quizzes, transcriptions, and other AI-generated materials are for study purposes only and should not be relied upon for critical decisions or professional use.

10.3 Service Availability

We do not guarantee uninterrupted or error-free access to the Service. We may suspend or discontinue the Service at any time for maintenance, updates, or other reasons.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTESMAKR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR SERVICE INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Notesmakr, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

12.1 By You

You may stop using the Service and delete your account at any time. Canceling your subscription stops future charges but does not provide a refund for the current billing period.

12.2 By Us

We may suspend or terminate your access to the Service immediately if:

• You violate these Terms
• We are required to do so by law
• Your account shows fraudulent or suspicious activity
• You engage in prohibited activities

12.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• Your data may be deleted after 30 days
• You remain liable for any outstanding payments
• Provisions that should survive termination (e.g., liability limitations) remain in effect

13. Changes to the Service and Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes that affect your use.

13.2 Terms Changes

We may update these Terms from time to time. We will notify you of material changes via:

• Email notification
• In-app notification
• Posting on our website

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal claim, please contact us at [email protected] to attempt to resolve the dispute informally.

14.2 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

14.3 Arbitration (Optional)

Any disputes arising from these Terms may be resolved through binding arbitration, except for claims that may be brought in small claims court.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Notesmakr regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

16. Contact Information

If you have questions about these Terms, please contact us at:

• Email: [email protected]
• Support: [email protected]