Terms of Service

1. Acceptance of Terms

By accessing or using Notingly ("the Service," "we," "us," or "our"), 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 apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Notingly is a note-taking application that stores your notes locally in your browser's storage on your own device. We do not transmit, store, or process the content of your notes on our servers. Optional account features (such as Pro subscriptions) require you to create an account, which involves the collection of limited personal information as described in our Privacy Policy.

We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts

To access certain features of the Service, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information (including your name and email address).
• Maintain the security of your account credentials and not share them with others.
• Promptly notify us of any unauthorized use of your account.
• Take responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or are found to be associated with fraudulent activity.

4. Pro Subscription & Billing

Notingly offers optional paid Pro subscription plans that unlock additional features. By subscribing to a Pro plan, you agree to the following:

• Billing: Subscription fees are billed on a recurring basis (monthly or annually, depending on the plan selected) and will automatically renew unless cancelled prior to the renewal date.
• Payment processing: All payments are processed by Stripe, Inc. Notingly never sees, stores, or has access to your payment card details. By providing payment information, you agree to Stripe's terms of service.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are provided for unused time unless required by applicable law.
• Price changes: We may change subscription prices with reasonable advance notice. Continued use of the Service after a price change takes effect constitutes your agreement to the new price.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit any material that is unlawful, harmful, threatening, abusive, or otherwise objectionable.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Use automated means (bots, scrapers, etc.) to access the Service without prior written consent.
• Engage in any activity that could damage, disable, or impair the Service.

6. Intellectual Property

The Service and its original content, features, and functionality — including but not limited to the Notingly name, logo, interface design, and underlying software — are owned by Notingly and are protected by applicable intellectual property laws.

You retain full ownership of any content you create using the Service. Because your notes are stored locally on your device, we do not claim any rights over the content of your notes.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial purposes.

7. Disclaimers

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

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Because your notes are stored in your browser's local storage, you are solely responsible for maintaining backups of your data. We are not responsible for any loss of notes or data resulting from browser clearing, device failure, or any other cause.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTINGLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, EVEN IF NOTINGLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NOTINGLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO NOTINGLY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS INCLUDES, TO THE EXTENT REQUIRED BY APPLICABLE LAW, LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WILLFUL VIOLATION OF LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

You may terminate your account at any time by contacting us at notingly@gmail.com. Upon termination, your account and any associated personal data will be deleted in accordance with our Privacy Policy. Your locally stored notes are unaffected by account termination and remain on your device.

10. Changes to Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email or through the Service. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States.

12. Contact

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

notingly@gmail.com