Terms of Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• Application means Nota, the software program provided by the Company, downloaded by You on any electronic device.
• Company (referred to as either "the Company," "We," "Us" or "Our" in this Agreement) refers to Main Island Ventures LLC.
• Content means any text, notes, places, lists, collections, images, or other material that You create, capture, upload, store, or share through the Service.
• Country refers to: United States.
• State refers to: California, United States.
• Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
• Service refers to the Application and the Website.
• Subscription means the recurring, auto-renewable access to premium features of the Service that You may purchase.
• Terms (also referred to as "Terms of Service" or "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• Website refers to Nota, accessible from notacapture.app.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.

You must be at least 13 years old to use the Service. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Your Account

When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the credentials You use to access the Service and for any activities or actions taken under Your credentials. You agree not to disclose Your credentials to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Subscriptions

Subscription Period and Billing

Certain features of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis (a "Billing Cycle"). Subscriptions are offered on the following terms:

• Monthly plan: $4.99 per month
• Annual plan: $29.99 per year

Prices are stated in U.S. dollars and may vary by region or be subject to change as described below. The exact price, billing period, and applicable taxes will be displayed to You at the point of purchase before You complete the transaction.

Free Trial

We may, at Our sole discretion, offer a free trial period of fourteen (14) days for a Subscription. If You begin a free trial, You will not be charged until the trial period ends, unless You cancel before the end of the trial. At the end of the free trial period, the applicable Subscription fee will automatically be charged to Your Apple ID account, and Your Subscription will begin, unless You have cancelled at least 24 hours before the end of the trial period.

The Company reserves the right to modify the terms and conditions of any free trial offer, or to cancel a free trial offer, at any time and without notice.

Auto-Renewal

Your Subscription will automatically renew at the end of each Billing Cycle under the same conditions unless You cancel it or the Company cancels it.

• Payment will be charged to Your Apple ID account at confirmation of purchase.
• Your account will be charged for renewal within 24 hours prior to the end of the current period, at the price of the plan You selected.
• The Subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period.

Managing and Cancelling Your Subscription

You can manage Your Subscription and turn off auto-renewal at any time through Your Apple ID account settings on Your device. Cancelling a Subscription will stop future renewals; it will not retroactively refund the current Billing Cycle. After cancellation, You will retain access to premium features until the end of Your current paid period.

Deleting the Application does not cancel Your Subscription. To cancel, You must turn off auto-renewal through Your Apple ID account settings.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Because Subscriptions are processed through the Apple App Store, all refund requests are handled by Apple in accordance with Apple's applicable terms and policies. You may request a refund directly from Apple.

Price Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Your Content

Ownership

The Service allows You to create, capture, store, and share Content. You retain all rights in, and are solely responsible for, the Content You create through the Service. We do not claim ownership of Your Content.

License You Grant Us

By creating or storing Content through the Service, You grant the Company a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, and process Your Content solely for the purpose of operating, providing, and improving the Service for You. This license exists only to allow Us to run the Service (for example, to store Your notes, organize them, and make them available to You across Your devices). When You delete Your Content or Your account, this license ends, except to the extent Your Content has been shared with others or where We are required to retain it by law.

Shared Content

If You choose to share a collection, list, or other Content with others, You understand that the recipients may view, save, and copy that shared Content. You are responsible for the Content You choose to share. Do not share Content that You do not have the right to share.

Your Responsibilities

You represent and warrant that You own or have the necessary rights to the Content You create or share through the Service, and that Your Content does not violate these Terms or any applicable law.

You are responsible for maintaining any backups of Content that You consider important. While We take reasonable measures to preserve user data, We do not guarantee that Content will never be lost, corrupted, or unavailable.

AI Features

Certain features of the Service may use artificial intelligence or machine learning technologies to generate content, recommendations, summaries, categorizations, tags, or other outputs.

AI-generated outputs may contain inaccuracies and should not be relied upon as factual, professional, legal, financial, or medical advice. You are responsible for reviewing and evaluating any AI-generated content before relying on it.

Acceptable Use

You agree not to use the Service to:

• violate any applicable law or regulation;
• infringe the intellectual property or other rights of any third party;
• upload or share Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service;
• interfere with or disrupt the integrity or performance of the Service; or
• use any automated means to access the Service in a manner that sends more requests than a human could reasonably produce.

We reserve the right to remove Content or suspend or terminate accounts that violate these Terms.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service or delete Your account through the Application. Upon deletion, we will remove or anonymize associated account data in accordance with our Privacy Policy and applicable law. Cancellation of a paid Subscription is governed by the "Subscriptions" section above.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or, if You have not purchased anything through the Service, 100 USD.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Apple App Store

These Terms apply to Your use of the Application obtained through the Apple App Store. You acknowledge that these Terms are between You and the Company only, and not with Apple, and that Apple is not responsible for the Application or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund any applicable purchase price for the Application to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application. You acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon Your acceptance 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 thereof. Your use of the Application must comply with the Apple App Store Terms of Service.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms, You can contact us:

By email: contact@notacapture.app