Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Notella Inc. ("Notella," "we," "us," or "our") governing your access to and use of the Notella application, website, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility and Account Registration

1.1 Age Requirements

You must be at least 13 years old (or 16 in the European Economic Area) to use Notella. By using the Service, you represent and warrant that you meet these age requirements.

1.2 Account Creation

To access certain features, 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 password and account
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

1.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. Notella will not be liable for any loss or damage arising from your failure to comply with these security obligations.

2. Service Description and Availability

2.1 Service Overview

Notella provides an AI-powered note-taking application that allows users to:

• Record and transcribe audio notes
• Generate AI-powered summaries and action items
• Organize and search notes
• Share notes with others
• Access notes across multiple devices

2.2 Service Availability

We strive to maintain high availability but do not guarantee that the Service will be uninterrupted or error-free. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Impose usage limits or restrictions
• Perform scheduled maintenance (with advance notice when possible)

3. Fair Usage Policy

3.1 Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations. You may not:

• Upload illegal, harmful, threatening, abusive, or offensive content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scrapers) to access the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices or labels
• Use the Service for illegal activities or to violate others' rights

3.2 Storage and Usage Limits

Your subscription plan includes specific storage and usage limits. Fair usage means:

• Storage: Reasonable personal or business use within your plan limits
• API Calls: Normal usage patterns; excessive automated requests may be throttled
• Transcription: Intended for legitimate note-taking, not bulk transcription services

We reserve the right to suspend or terminate accounts that exceed reasonable usage patterns or engage in abusive behavior.

4. Subscription Plans and Payments

4.1 Subscription Tiers

Notella offers various subscription plans (Free, Pro, Teams) with different features and limits. Current pricing is available on our website and may change with notice.

4.2 Billing and Payments

• Subscriptions are billed on a recurring basis (monthly or annual) until canceled
• Payment is due at the beginning of each billing cycle
• You authorize us to charge your payment method automatically
• All fees are non-refundable except as required by law or stated in our refund policy
• You are responsible for all taxes associated with your subscription

4.3 Price Changes

We may change subscription prices with at least 30 days' notice. Changes will take effect at the start of your next billing cycle. Continued use after the price change constitutes acceptance of the new price.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No partial refunds are provided for unused time in the current billing cycle, except as required by law.

5. User Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to the content you create, upload, or store using Notella ("User Content"). This includes:

• Audio recordings
• Transcriptions and notes
• Summaries and documents
• Any other content you create or upload

5.2 License to Notella

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

• Host, store, and transmit your User Content
• Process your User Content to provide transcription and AI features
• Display your User Content back to you and anyone you choose to share it with

This license exists solely to operate and improve the Service. We do not claim ownership of your content and will not use it for purposes beyond providing our services without your explicit consent.

5.3 Notella's Intellectual Property

The Service, including its design, code, features, trademarks, and all intellectual property rights, is owned by Notella or its licensors. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.

7. Disclaimers and Limitations of Liability

7.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, 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, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• AI-generated transcriptions and summaries will be error-free
• Any defects in the Service will be corrected

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTELLA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

7.3 AI-Generated Content Disclaimer

Notella uses artificial intelligence to generate transcriptions, summaries, and other content. While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or misinterpretations. You should review and verify all AI-generated content before relying on it for important decisions.

8. Indemnification

You agree to indemnify, defend, and hold harmless Notella, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

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

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting customer support to request account deletion

9.2 Termination by Notella

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Failure to pay subscription fees

9.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We may delete your User Content in accordance with our data retention policy
• You remain liable for all charges incurred before termination
• Provisions of these Terms that should survive termination will remain in effect

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before filing a claim, you agree to contact us at contactus@pixelpuff.io to attempt to resolve the dispute informally. We will attempt to resolve disputes within 60 days.

10.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except for disputes involving intellectual property or injunctive relief. Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

10.3 Class Action Waiver

You agree to resolve disputes with Notella on an individual basis only and not as part of a class, consolidated, or representative action.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.

12. Changes to Terms

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

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending email notification to your registered email address
• Displaying an in-app notification

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Notella regarding the Service.

13.2 Severability

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

13.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.