Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a legal agreement between you and the independent developer of NoteFun ("NoteFun", "we", "us") governing your use of the NoteFun application for iPad and this website. By downloading, installing or using NoteFun, you agree to these Terms. If you do not agree, do not use the app.

Our Privacy Policy is incorporated into these Terms by reference.

2. Licence to use NoteFun

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use one copy of NoteFun on an iPad you own or control, for your own personal or internal study, teaching or work purposes.

You may not, and may not permit anyone else to:

• copy, sell, rent, lease, sublicense, distribute or otherwise commercially exploit the app;
• reverse engineer, decompile or disassemble the app, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• remove, obscure or alter any proprietary notice in the app;
• modify the app or create derivative works from it; or
• use the app in any way not permitted by these Terms or by Apple's App Store Terms of Service.

All rights not expressly granted to you are reserved by us.

3. Eligibility

You must be at least 13 years old (or the minimum age of digital consent where you live, if higher) to use NoteFun. If you are under the age of majority in your jurisdiction, you may use the app only with the involvement of a parent, guardian or teacher who agrees to these Terms on your behalf.

4. Acceptable use

You agree not to use NoteFun to:

• break any law, regulation or third-party right, including intellectual-property and privacy rights;
• submit content that is unlawful, harassing, hateful, sexually explicit involving minors, or that promotes violence or self-harm;
• attempt to generate instructions for weapons, malware or other seriously harmful activity, or to circumvent the safety measures of the AI model;
• submit another person's personal, confidential, medical or financial information through the Ask feature without their consent;
• cheat, or misrepresent AI-generated work as your own where an examination board, employer or institution forbids it;
• interfere with, overload, probe or attack the app or the services it relies on, or make automated or excessive requests through the Ask feature;
• use the app or its output to develop a competing product or to train another machine-learning model.

You are responsible for everything written and requested from your device, and for making sure your use complies with the rules of any school, university or employer that applies to you.

5. AI-generated content

You accept that:

• the same question may produce different answers on different occasions, and answers are not guaranteed to be reproducible;
• answers may resemble output generated for other users, since the model produces text and figures statistically;
• we do not endorse, verify, fact-check or take responsibility for the substance of any answer;
• you are solely responsible for reviewing an answer before you act on it, submit it, publish it or share it; and
• the Ask feature depends on a third-party AI provider and may be unavailable, delayed, rate-limited or changed at any time.

6. Your content

Everything you write, draw, record or insert into NoteFun is yours. We claim no ownership of it and, because your notebooks are stored on your device, we do not receive or retain a copy of them.

When you tap Ask, you instruct us to transmit an image of that page to the AI provider so that a reply can be generated. You grant us the limited right to make that transmission for that purpose only. You confirm that you have the rights necessary to submit the content you Ask about.

As between you and us, you own the answers NoteFun writes onto your pages, to the extent such content is capable of ownership, and you may use them subject to these Terms and to the terms of the underlying AI provider. Because your notebooks exist only on your iPad, you are responsible for backing them up. Loss of a device, deletion of the app, or a failed restore may permanently destroy your notes, and we cannot recover them.

7. Our intellectual property

NoteFun, including the app, its source code, interface design, illustrations, icons, animations, text and the "NoteFun" name and logo, is owned by us and protected by copyright, trade mark and other laws. These Terms grant you a licence to use the app; they do not transfer any ownership. This website's design and content are likewise ours, other than material identified as belonging to a third party.

Apple, iPad, Apple Pencil and iOS are trade marks of Apple Inc. NoteFun is not affiliated with, endorsed by or sponsored by Apple Inc. Other names are the property of their respective owners and are used descriptively only.

8. Third-party services

The Ask feature routes requests through OpenRouter, which reaches the underlying model provider. Your use of that feature is also subject to those providers' terms and policies. We do not control their services and are not responsible for their availability, performance, pricing, content policies or data practices. Links from this site to third-party sites are provided for convenience and do not imply endorsement.

9. Availability and changes

We may add, change, suspend or remove features, or discontinue NoteFun entirely, at any time and without liability to you. We may also change these Terms; when we do, we will update the effective date above, and material changes will be noted in the app's release notes. Continuing to use the app after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the app and delete it.

10. Purchases

NoteFun is free to use with a limited number of notebooks and a daily allowance of tutor Asks. NoteFun Pro removes those limits and is offered as an auto-renewing subscription. The plans available to you, their price in your local currency, and any free trial are shown in the app before you buy.

Where a free trial is offered, it converts into a paid subscription at the end of the trial period unless you cancel before then, and there is one free trial per customer. A subscription then renews automatically for successive periods until you cancel it. Subscriptions are sold and billed by Apple through the App Store, and Apple's payment, renewal, refund and cancellation rules apply to them. You can manage or cancel a subscription at any time in your Apple account settings. Prices may differ by region and may change for future periods with notice.

11. Disclaimer of warranties

To the maximum extent permitted by law, NoteFun is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment or non-infringement. We do not warrant that the app will be uninterrupted, secure or error-free, that defects will be corrected, that answers will be accurate or suitable for any purpose, or that your data will not be lost.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits any non-excludable statutory rights you have as a consumer.

12. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, study or exam outcomes, or for loss or corruption of data, arising out of or relating to your use of, or inability to use, NoteFun, including any reliance on an AI-generated answer, whether based in contract, tort, negligence, strict liability or any other theory, and whether or not we were advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to NoteFun will not exceed the greater of (a) the amount you paid for the app in the twelve months before the event giving rise to the claim, or (b) twenty United States dollars (US$20).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

13. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the app, or your infringement of any law or third-party right.

14. Termination

These Terms apply for as long as you use NoteFun. You may end them at any time by deleting the app from your devices. We may suspend or terminate your licence immediately if you materially breach these Terms. Sections 5 to 8 and 11 to 17 survive termination.

15. Apple-specific terms

You acknowledge that these Terms are between you and us, not Apple, and that Apple has no responsibility for NoteFun or its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple is not responsible for addressing any claim relating to the app, including product-liability, regulatory-compliance or intellectual-property claims. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Governing law and disputes

These Terms are governed by the laws applicable in the developer's place of residence, without regard to its conflict-of-laws rules, and the courts of that place have non-exclusive jurisdiction over any dispute. If you are a consumer, this does not deprive you of the protection of the mandatory laws of your own country of residence, and you may also bring proceedings in the courts there.

Before starting formal proceedings, we ask that you contact us at adk0110112@gmail.com so we can try to resolve the matter informally.

17. General

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us about NoteFun.
• Severability: if a provision is held unenforceable, the rest remains in force and the provision is limited to the minimum extent necessary.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms; we may assign them in connection with a transfer of the app.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.

18. Contact

Questions about these Terms can be sent to adk0110112@gmail.com.