Terms & Conditions

This Terms & Conditions Agreement (“Terms”) is made by and between ZIIKR Pte. Ltd, a Singapore corporation(“we”, “our”, “us”, or "Notewise"), and you, the user (“you”, “your” or “User”).

These Terms contain the complete terms and conditions that govern the use of the Notewise services which includes the Notewise mobile application, website and other software, features or content provided by us (including, without limitation, our web-viewer feature and community platform), and any other product or services that links to these Terms, as well as all functionality that Notewise makes available (collectively, "Notewise Services").

BY CLICKING THE "I AGREE" BUTTON ON OUR MOBILE APP AND WEBSITE, OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE NOTEWISE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THE NOTEWISE SERVICES. NOTEWISE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THESE TERMS AT NOTEWISE' SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE NOTEWISE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.notewise.dev/terms-and-conditions.

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Notewise Services shall constitute your acceptance thereof.

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1. About us and the Notewise Services

The Notewise Services include access to the Notewise app, website and all other functionality maintained by Notewise.

2. About these Terms

The purpose of these Terms is to define the terms and conditions on which we shall provide access to the Notewise Services and allow you to use the various features and functionalities of the Notewise Services.

3. Your use of the Notewise Services

The Notewise Services are designed to help users take notes, learn and collaborate effectively together. Your use of the Notewise Services is solely for your own personal purposes and solely as enabled by Notewise. Your right to use the Notewise Services is personal to you and may not be assigned or sublicensed to anyone else. You agree not to use the Notewise Services for any other purpose, unless agreed by us.

You can use the Notewise Services without registering any account with us. However, if you want to use certain features (such as the note syncing features or any other features as defined by us) of our Services, you may be required to sign up for an account and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not enter contact information that you do not have the right to use, or another person’s contact information with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). As noted above, if you’re under the age of 16, you may not use some features of our Services. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Notewise Services is prohibited by applicable laws, you will not be authorized to use Notewise Services. We can’t and won’t be responsible for your using the Notewise Services in a way that breaks the law.

You will not share your Notewise User ID, account or password with anyone, and you must protect the security of your Notewise User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Notewise User ID and account.

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Use of the Notewise Services requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is recommended. The latest version of required software is recommended to access the Notewise Services and may be required for certain transactions or features, and to download products purchased from the Notewise Services. You agree that meeting these requirements, which may change from time to time, is your responsibility, and Notewise has no responsibility or liability for your failure to meet such requirements.

You may access certain Notewise Services through a mobile network, your network, or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the Notewise Services. Your carrier may prohibit or restrict certain Notewise Services and certain Notewise Services may be incompatible with your carrier or wireless internet device. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of the Notewise Services. You are responsible for ensuring that, at all times while using the Notewise Services, you are not in violation of your agreement with your telecommunications carrier.

When using Notewise Services, you must not, and must not attempt to:

• Engage in any activity that violates these Terms or misuse any reporting, flagging, complaint, or dispute resolution process, including by making groundless, vexatious, or frivolous submissions.
• Jeopardize, breach, or otherwise circumvent any security or authentication measures.
• Access, tamper with, or use non-public areas or parts of the Notewise Services.
• Decompile, decode, reverse engineer, disassemble, or attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Notewise Services.
• Download, reproduce, modify, capture, transfer, publish, translate, redistribute, license, sell, or otherwise exploit any content provided through Notewise Services, either directly, indirectly, or by other Users, for any purpose.
• Interfere with or disrupt any user, host, or network, such as by sending viruses, malware, overloading, flooding, spamming, or mail-bombing any part of the Notewise Services.
• Sublicense, sell, rent, lease, transfer, distribute, or use the Notewise Services for time-sharing or service bureau purposes, or otherwise for the benefit of a third party.
• Access, search, or create accounts for Notewise Services using methods other than publicly supported interfaces (e.g., "scraping" or creating accounts in bulk).
• Access Notewise Services using any automated means (e.g., robots, spiders, botnets, or scrapers), including for scraping data and content, or using manual or automated processes to retrieve, index, data mine, or circumvent the navigational structure or presentation of Notewise Services.
• Use Notewise Services in excess of any fair usage limits as determined by Notewise, particularly regarding data storage.
• Violate any applicable laws, third-party rights, or our rights while using Notewise AI.
• Send unsolicited communications, promotions, advertisements, or spam.
• Send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing."
• Promote or advertise products or services without proper authorization.
• Abuse referral programs or promotions.
• Harass, abuse, harm, stalk, threaten, or otherwise offend others.
• Store, upload, publish, or share content that is pornographic, indecent, or contains extreme violence or terrorist activity, including terror propaganda.
• Store, upload, publish, or share fraudulent, defamatory, misleading, or false material, including misinformation or disinformation.
• Advocate bigotry or hatred against any person or group based on race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment.
• Impersonate any person or entity or manipulate or forge headers or identifiers to disguise the origin of content.
• Harvest or collect information about others, including contact information, email addresses, financial information, or other personally identifying details, without express consent.
• Falsify or delete author attributions, legal notices, proprietary designations, or labels of the origin or source of any software or material uploaded (e.g., copyright, trademark, or patent notices).
• Advertise any commercial endeavor (e.g., offering products or services for sale) or engage in commercial activity (e.g., conducting raffles, displaying sponsorship banners, or soliciting goods or services) unless specifically authorized by Notewise Services.
• Participate in pyramid schemes or similar activities, including contests.
• Solicit money, passwords, or personal information from any person.
• Upload or share content that infringes or violates (or could reasonably be expected to infringe) any intellectual property rights of others.
• Violate the privacy or infringe on the rights of others, or exploit them in any way.
• Mislead anyone into believing that the response ("Output") generated by Notewise AI was solely human-generated.
• Generate spam or content for dissemination while using Notewise AI.
• Promote or provide information about unlawful activities or conduct.
• Use the Notewise Services for benchmarking purposes, as a competitor, or for any illegal purpose.

While Notewise explicitly prohibits the above conduct, you may, despite our best efforts, be exposed to such conduct and content. Your use of the Notewise Services is entirely at your own risk.

User Content‍

• When using Notewise Services, you may upload, display, or input your User Content through the platform. Your notes and documents can include text, audio, graphics, data, information, photos, images, and illustrations, and you may voluntarily provide feedback on certain features of Notewise (“Feature Feedback”) (collectively referred to as “User Content”).
• You retain ownership of all applicable intellectual property rights, including copyright and rights in confidential information or trade secrets, in your User Content.
• To deliver Notewise Services, we need a license to your User Content. By using Notewise Services and making your User Content available, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to access, host, cache, store, transmit, reproduce, distribute, modify (only for formatting purposes), adapt, translate, and create derivative works of your User Content, solely in connection with providing current, future, or improved Notewise Services. If you manually submit Feature Feedback, you allow us to use it to improve Notewise Services and to train our artificial intelligence and machine learning models to address specific use cases. By submitting your Feature Feedback, you confirm you have the rights necessary to grant us this license.
• You confirm and warrant that (a) you own or have sufficient rights to provide your User Content to Notewise Services; (b) you are responsible for obtaining any necessary third-party licenses or permissions for any User Content you create, store, upload, or share; (c) your User Content does not infringe or violate any intellectual property, privacy, or proprietary rights of third parties (“Third Party Rights”).
• You also confirm that your User Content will not include personal financial information, sensitive information, or protected health information as defined by applicable laws. You further represent that you are not a “covered entity” under the Health Insurance Portability and Accountability Act or any equivalent state law. Additionally, your submission of User Content will not violate any laws or these Terms, including the restrictions outlined in Section 3, and our use of your User Content for providing Notewise Services will not breach any laws.
• We do not endorse, edit, verify, actively monitor, or certify User Content created, stored, or shared by any user of Notewise Services. You are solely responsible for, and may be legally accountable for, the User Content you create, store, upload, or share through Notewise Services. As such, you agree that we are not responsible and have no liability for any User Content transmitted through Notewise Services, including content that is infringing, fraudulent, misleading, inaccurate, defamatory, offensive, or unlawful. The risk associated with such content lies entirely with you. We are not liable for the actions or omissions of any user of Notewise Services.
• We reserve the right, at our sole discretion, to remove, disable access to, modify, or reject any User Content that you create, store, upload, or share through Notewise Services if we reasonably believe it is unlawful, violates these Terms, abuses the service, could expose us or our affiliates to liability, or if we receive a complaint or takedown request, or otherwise find it inappropriate.

4. Terms in relation to additional services and payment

Certain features included in the Notewise Services are provided at an additional cost. When you register or at any point after registration, you have the option to purchase these premium features by acquiring the paid or subscription version of the Notewise Services and paying the associated fee. We will inform you of the relevant charges at the time of purchase.

In the absence of any statutory requirement, you hereby waive your right to withdraw from the Notewise Services and request a refund. By using the Notewise Services and making payments, you acknowledge and agree that once your payment is processed, no refunds will be issued, and no withdrawal rights apply, unless none of the relevant Notewise Services have been delivered.

We reserve the right to refuse refund requests if we determine, in our sole discretion, that you are abusing our refund policy. This includes, but is not limited to, repeatedly requesting refunds for services that have been fully delivered or using the services in a manner that violates our terms of use. In such cases, your right to request and receive a refund will be forfeited.

5. Data protection

Our use of your personal data in connection with the Notewise Services is subject to our Privacy Policy, which can be found here [https://www.notewise.dev/privacy-policy]. Our Privacy Policy is expressly incorporated into these Terms, and by using the Notewise Services you agree to the collection, use and disclosure practices in our Privacy Policy.

You agree to comply with all applicable laws relating to data privacy including but not limited to collection, processing, use, retention, disclosure and transfer of personal data in connection with your use of the Notewise Services.

6. Intellectual property rights

Apart from your User Content, we or our affiliates own and retain all intellectual property rights in the Notewise Services and the material published on it, including, but not limited to, all trademarks, logos, copyrighted works, service marks, and service names, as well as all related elements, whether registered or unregistered. These intellectual property rights are protected by intellectual property laws and treaties worldwide. We reserve all such rights. You agree not to remove, obscure, or alter any proprietary notices, including copyright, trademark, and other intellectual property notices, displayed within or on the Notewise Services. All rights not expressly granted by Notewise are reserved.

Our status (and that of any identified contributors on the Notewise Services) must be acknowledged. You must not use any part of the materials provided through the Notewise Services for commercial purposes without obtaining a license from us or the author.

You agree that the rights outlined in these paragraphs will survive the termination of your account(s) or the Notewise Services.

7. Disclaimer of Warranties

THE NOTEWISE SERVICES AND ALL CONTENT AND MATERIAL ACCESSIBLE THROUGH THE NOTEWISE SERVICES, INCLUDING USER CONTENT OF OTHER USERS, ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NOTEWISE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE NOTEWISE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NOTEWISE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE NOTEWISE SERVICES.

WE MAKE NO GUARANTEE OF QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE NOTEWISE SERVICES, AND WE RESERVE THE RIGHT TO CHANGE, SUSPEND, WITHDRAW, AMEND OR VARY ANY FUNCTIONALITY OR FEATURE OF THE NOTEWISE SERVICES WITHOUT NOTICE OR INCURRING ANY LIABILITY TO YOU. WE CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

8. Indemnification

You agree, to the fullest extent permitted by law, to indemnify, save, and hold ZIIKR Pte. Ltd, its affiliates, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Notewise Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Notewise reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Notewise, and you agree to cooperate with Notewise’s defence of these claims. Notewise will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Notewise Services.

9. Third Party Content and Infrastructure

The Notewise Services may contain hyperlinks or references to third party websites other than websites operated by Notewise. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party websites does not mean that we endorse that third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.

In providing the Notewise Services to you, we make use of software and services provided by various third-party service providers. You agree that you will not through either your acts or your omissions in connection with your use of the Notewise Services cause us to breach the third-party terms.

10. Security

Notewise reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Notewise to disclose the identity of any user posting or submitting any content, e-mail messages, notes, or publishing or otherwise making available any materials that are believed to violate these Terms.

11. Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE NOTEWISE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NOTEWISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE NOTEWISE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NOTEWISE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NOTEWISE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE NOTEWISE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE NOTEWISE SERVICES AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL NOTEWISE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID NOTEWISE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID NOTEWISE ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NOTEWISE IS TO STOP USING THE NOTEWISE SERVICES AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF NOTEWISE.

12.  Termination and Suspension

You may stop using the Notewise Services at any time you wish. In particular, if you do not agree with or accept any of these Terms (or updates to them), you should stop using the Notewise Services immediately, and such discontinuation of your use of the Notewise Services shall constitute your only remedy.

We reserve the right to suspend or terminate your access to the Notewise Services immediately if:

• you are in breach or violation of these Terms;
• you use the Notewise Services in a manner which would cause a risk of harm or loss to us or others; or
• if any third party providers whose software or services we require to provide the Notewise Services suspend or terminate the provision of their software or services to us.
• in appropriate circumstances, if you are an infringer of Intellectual Property Rights, including but not limited to copyright, or are repeatedly charged with Intellectual Property Rights infringement, including but not limited to copyright infringement.

We reserve the right to suspend or terminate your access for any other reason or no reason.

Upon termination of your access to the Notewise Services and any portions thereof howsoever arising, we may also terminate your access to your User Content and/or delete or disable your User Content.

13.  Discontinuation

We may decide to discontinue the Notewise Services for any reason or no reason. If we do so, we will endeavour to give you reasonable prior notice of us doing so, although such notice may not be possible if the discontinuation is due to unforeseen circumstances beyond our control or due to the need to comply with a legal requirement.

14. Linking to the Notewise Services

You may link to the Notewise Services from your website, as long as it is done in a way that is both fair and legal. This includes, but is not limited to, the sharing of social media content.

You must not link to the Notewise Services if doing so may damage our reputation or where you suggest any form of association, approval or endorsement on our part where none exists or in any way that is inaccurate or misleading.

15. Behavioral Expectations and Right to Refuse Service

We value respectful and constructive communication with our users. In the event that a user engages in disrespectful, abusive, or rude behavior towards our staff, we reserve the right to refuse service to that user.

Unacceptable behavior includes but is not limited to:

1. Use of offensive language or derogatory remarks.
2. Harassment, intimidation, or threats directed towards our staff.
3. Any form of discrimination or prejudiced behavior.

We believe in maintaining a positive and collaborative environment for all users. If a user violates these behavioral expectations, we may take appropriate action, including refusing access to our services.

By using our services, you agree to treat our staff and other users with respect. Failure to adhere to these guidelines may result in the termination of your account or access to our services.

16. Additional provisions

Notewise reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and or any other rights or responsibilities we may have. You agree that we have the right, without liability to you, to disclose any registration data and/or account information, including without limitation, your information and personal information, your User Content and any other content or submissions that you provide to us, to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to protect our rights or the rights of a third party, or to meet any applicable law, regulation, subpoena, legal process or governmental request; enforce applicable these Terms, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; and to protect against harm to the rights, property or safety of Notewise, our Users, customers or the public as required or permitted by law.

We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate these Terms, in whole or in part, nor any rights or obligations under these Terms without Notewise’s prior written consent, and any unauthorised assignment and delegation by you is void.

The contract incorporating these Terms is between you and us. There are no third party beneficiaries to these Terms (unless explicitly stated herein), and no other person shall have any rights to enforce any of these Terms.

If, for any reason, we fail to enforce any provision of these Terms, this will not affect our right to later enforce that or any other provision. Any agreement not to enforce, amendment or modification of these Terms must be in writing in order for it to be effective.

If any provision of these Terms is found to be unenforceable, that provision will be deemed severable from these Terms to the minimum extent necessary in order that the other provisions of these Terms remain in full force and effect and shall not affect the validity and enforceability of any remaining provisions.

Under no circumstances is any independent contractor, agency, partnership, joint venture or other such relationship created by these Terms.

Accrued obligations and provisions of these Terms, which by their nature should survive the termination of these Terms, shall survive such termination.

Notewise may publish additional policies related to specific services such as applications for mobile devices, games, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

You acknowledge that the rights granted and obligations made under these Terms to Notewise are of a unique and irreplaceable nature, the loss of which shall irreparably harm Notewise and which cannot be replaced by monetary damages alone. Accordingly, Notewise shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Notewise shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Notewise, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Notewise’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

These Terms including any supplemental policies and any documents expressly incorporated herein by reference (including Notewise’s Privacy Policy) constitute the entire agreement and understanding between you and Notewise relating to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Notewise with respect to the Notewise Services. Notewise may revise these Terms of Use at any time by updating this posting. You should review the Terms from time to time to determine if any changes have been made to the Terms. Your continued use of the Notewise Services after any changes have been made to the Terms signifies and confirms your acceptance of any changes or amendments to the Terms.

16. App Distribution Platform Additional Requirements

The App Distribution Platform you use to download the Notewise Services may impose additional terms on how you use the Notewise Services.

The following supplemental terms shall apply when accessing the Notwise Services and applications through the Apple App Store. By downloading the Notwise Services or our application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

1. These Terms are between Notwise and you; Apple is not a party to these Terms.
2. The licence granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Notwise Services on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
3. Apple is not responsible for the Notwise Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Notewise Services.
   
4. In the event of any failure of the Notwise Services to conform to any applicable warranty that cannot be disclaimed, you may notify Apple. In such a scenario and if it is proved that there is a failure to comply with an applicable warranty, Apple may refund the purchase price for the Notewise Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Notwise Services.
   
5. Apple is not responsible for addressing any claims by you or a third party relating to the Notewise Services or your possession or use of the Notwise Services, including without limitation (a) product liability claims; (b) any claim that the Notwise Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
   
6. In the event of any third party claim that the Notwise Services or your possession and use of the Notewise Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
   
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
   
8. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
   
9. Notewise expressly authorises the use of the Notewise Services only for Notewise Services on Apple, by multiple users through the Family Sharing or any similar functionality provided by Apple.
   
10. The following supplemental terms shall apply when accessing the Notewise Services and applications through the Samsung Galaxy Store. You specifically agree and acknowledge that: THAT THE APPLICATION THAT IS INCLUDED HEREIN, AND ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH SUCH APPLICATION, ARE BEING PROVIDED TO YOU BY NOTEWISE AND NOT BY SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH APPLICATION, SERVICE AND CONTENT ARE GOVERNED BY NOTEWISE LIMITED’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENTS AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO SUCH THIRD PARTY SERVICE PROVIDERS’ WILL BE SUBJECT TO SUCH THIRD PARTY SERVICE PROVIDERS’ PRIVACY POLICY.
    
11. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SAMSUNG IS NOT RESPONSIBLE FOR ANY PRIVACY OR ANY OTHER PRACTICES OF SUCH THIRD PARTY SERVICE PROVIDERS’, AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH APPLICATIONS, SERVICES, CONTENTS OR YOUR USE THEREOF.

17. Contacting Us

You can get in touch with us via support@notewise.dev.

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