Terms of Service

1. Acceptance of these Terms

By accessing or using Notera, you confirm that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to both you and that organisation.

You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including if you are located in, or are a national or resident of, a country subject to comprehensive US sanctions, or appear on any US government restricted-party list.

2. Accounts and registration

You need an account to use most features of the Services. You agree to:

• Provide accurate and complete registration information, and keep it current.
• Keep your credentials confidential and not share access to your account.
• Notify us promptly at support@notera.so if you suspect unauthorised access to your account.
• Be responsible for all activity that occurs under your account.

You may not create an account by automated means, create an account for anyone under 18, or maintain more than one free account in order to evade plan limits. We may suspend or terminate accounts that violate these Terms, as described in section 13.

3. Subscription plans and billing

Notera offers a Free tier and a paid Pro tier. Paid plans are billed through Stripe. Notera does not receive or store your card details. See our Privacy Policy.

• Free tier: available to all registered users at no cost, subject to the limits shown on our Pricing page.
• Pro tier: billed in advance, monthly or annually. Renews automatically unless cancelled before the renewal date.
• Cancellation. Cancel at any time from your account settings. Access continues until the end of your current billing period, after which your account reverts to the Free tier and its limits. We do not provide prorated refunds for partial periods except where required by law.
• Downgrades. If, on reverting to Free, your account exceeds the Free tier limits, your existing content remains accessible but you will not be able to create new boards or cards until you are back within the limits.
• Price changes.We will give at least 30 days' notice before a change to your subscription price takes effect. If you do not accept the new price, cancel before it takes effect; continued use afterwards constitutes acceptance.
• Failed payments. If a payment fails we may retry it, and may suspend or downgrade paid features after a grace period. You remain responsible for amounts owed.
• Taxes. Prices exclude any applicable taxes, which will be added where required.

Fees are otherwise non-refundable. Nothing in this section limits any non-waivable statutory right you have as a consumer, including, for consumers in the EEA and UK, the statutory right to withdraw from a distance contract within 14 days, and, for California subscribers, your rights under California's automatic renewal law.

4. Storage fair use policy

Free plan users are subject to the storage limits shown on the Pricing page. Uploads that would exceed your tier's storage limit will be rejected.

5. Referral program

We may offer a referral program that credits your account when someone you refer subscribes. If you take part:

• Referral credits have no cash value, are not redeemable for cash, and cannot be transferred or sold.
• You may not refer yourself, create accounts in order to refer yourself, or promote your referral code through spam, paid search on our trademarks, misleading claims, or any channel that violates section 6.
• We may withhold, reverse, or reclaim credits, and suspend participation, where we reasonably believe a referral is fraudulent, duplicated, or obtained in breach of these Terms, including where the referred subscription is refunded or charged back.
• We may change, suspend, or end the referral program at any time. Credits already applied to your account will be honoured.

6. Acceptable use

You agree not to use the Services to:

• Violate any applicable law or regulation.
• Upload, post, or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or that sexualises minors.
• Infringe the intellectual property, privacy, or other rights of anyone else.
• Distribute malware, spam, or other harmful code.
• Attempt to gain unauthorised access to any part of the Services, other users' accounts, or our infrastructure, or probe or test the vulnerability of any system without our written consent.
• Scrape, crawl, or systematically extract data from the Services without our prior written consent, or use the Services to build a competing product.
• Use the Services as a general-purpose file host, content delivery network, or backup target unrelated to your boards (see section 4).
• Resell, sublicense, or commercially redistribute the Services without authorisation.
• Interfere with or place undue load on the Services, or circumvent any rate limit, plan limit, or access restriction.

Reporting content. Publicly shared and embedded boards carry a Report control that anyone can use, with or without an account. You can also email us at support@notera.so. For copyright specifically, follow the DMCA procedure in section 9. We review reports and act on what breaks these Terms, but we do not guarantee any particular outcome or response time, except where the law sets one.

7. Your content

You own your content.You retain all ownership rights in the content you create or upload through the Services ("User Content"). These Terms do not transfer any ownership to us.

To operate the Services, we need your permission to handle that content. You therefore grant Notera a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and make derivative works of your User Content solely to the extent needed to provide, secure, maintain, and improve the Services for you: for example to sync it across your devices, to generate board thumbnails and preview images, to display it to the collaborators and share-link viewers you have authorised, and to store it with the infrastructure providers listed in our Privacy Policy. This licence includes the right to sublicense these permissions to those providers for the same purpose, and it ends when you delete the content or your account, subject to the retention periods in the Privacy Policy and to copies retained by collaborators as described in section 8.

This licence does not permit us to sell your User Content, to use it for advertising, or to use it to train machine-learning models.

You are solely responsible for your User Content. You represent and warrant that you have all rights necessary to upload and use it through the Services, and that doing so does not violate any third-party right or applicable law.

Keep your own copies. While we take backups, the Services are not a backup service. You can export your data at any time from your account settings, and you should keep independent copies of anything you cannot afford to lose.

8. Collaboration, sharing, and public boards

• Board ownership. The user who creates a board owns it. Inviting collaborators does not transfer ownership. The owner controls access, can remove collaborators at any time, and can delete the board, which deletes it for everyone.
• Collaborator contributions.Content contributed to a board by a collaborator remains owned by that collaborator, but they grant the board owner and other authorised collaborators the right to view, use, and (for editors) modify it within the Services as part of that board. Content contributed to someone else's board may remain on that board after you leave or delete your account.
• Public links and embeds. Enabling a public share link makes a board readable by anyone with the URL, without signing in, and an embedded board is readable by every visitor to the page it is embedded on. You are responsible for deciding what to publish this way. Disabling a link stops future access but cannot retract copies already made.
• Community submissions. If you submit a template to the public gallery, you grant Notera and other users a non-exclusive, royalty-free licence to use, copy, display, and create boards from that template. Submissions are reviewed before publication and may be rejected or removed at our discretion.
• Responsibility for invitees. You are responsible for who you invite and for the access level you grant them.

9. Copyright and DMCA notices

We respect intellectual property rights and respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA").

If you believe content on the Services infringes your copyright, send a written notice to our designated agent at support@notera.sowith the subject line "DMCA Notice," including:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim has been infringed.
3. Identification of the material you claim is infringing, with enough detail for us to locate it. A URL is best.
4. Your name, address, telephone number, and email address.
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.

We will remove or disable access to material that is the subject of a valid notice and will notify the user who posted it. If you believe your content was removed in error, you may send a counter-notice to the same address containing the elements required by 17 U.S.C. § 512(g)(3). We terminate the accounts of repeat infringers in appropriate circumstances.

Knowingly making a material misrepresentation in a notice or counter-notice may expose you to liability for damages under 17 U.S.C. § 512(f).

10. Our intellectual property

The Notera name, logo, application design, software, and all related content are owned by Notera and protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for their intended purpose.

You may not copy, modify, reverse-engineer, decompile, or create derivative works of the Services, except to the extent that restriction is prohibited by law. These Terms grant you no right to use our trademarks, logos, or brand elements without our prior written consent.

11. Feedback

We welcome feedback, feature requests, and bug reports. If you send us any, through the in-app feature request or bug report tools, or otherwise, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that feedback into the Services without restriction, compensation, or attribution. Please do not send us anything you consider confidential.

12. Third-party services and links

The Services integrate with third-party services, including Google Drive and Pinterest imports, and Stripe for payments, and may contain links to third-party websites. Those services are governed by their own terms and privacy policies. We do not control them, do not endorse them, and are not responsible for their content, availability, or practices. Connecting a third-party account is your choice, and you may disconnect it at any time in your settings.

13. Availability, changes, and termination

We may modify, suspend, or discontinue any part of the Services at any time. If we discontinue a material feature you are paying for, or the Services as a whole, we will give reasonable advance notice and a pro-rata refund of any prepaid fees covering the period after discontinuation.

Your termination. You may stop using the Services and delete your account at any time from your account settings. On deletion, your account is deactivated immediately and enters a 30-day grace period during which you can restore it. At the end of that period your data is permanently deleted, subject to our Privacy Policy and any legal retention requirement. Deleting your account does not entitle you to a refund of fees already paid.

Our termination. We may suspend, limit, or terminate your access to the Services, in whole or in part, at our sole discretion, at any time, with or without cause, and with or without prior notice, and we will have no liability to you for doing so. Reasons include but are not limited to a breach of these Terms, illegal content or conduct, a security risk to the Services or other users, a legal requirement, or repeated infringement under section 9.

As a matter of practice rather than obligation: for non-material or first-time issues we will generally try to contact you and give you a chance to put it right. For serious ones, such as illegal content, attacks on the Services, or conduct that harms other users, we will act immediately. If we terminate your paid account for a reason other than your breach of these Terms, we will refund the unused portion of your prepaid fees; if we terminate it for your breach, we will not.

On termination your right to use the Services ends immediately. We may delete your content after termination, and we are not obliged to preserve or return it. Export what you need in advance (section 7).

Sections 7 (as to licences that survive), 9, 10, 11, 14, 15, and 17 survive termination.

14. Disclaimers and limitation of liability

The Services are provided "as is" and "as available," without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free of harmful components, or that any defect will be corrected. We make reasonable efforts to maintain data integrity and availability, but we are not responsible for loss caused by factors outside our reasonable control.

To the fullest extent permitted by law, Notera and its operators will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages, and regardless of the theory of liability.

Our total aggregate liability for all claims arising from or related to these Terms or the Services will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) US$50.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions our liability is limited to the greatest extent permitted by law, and nothing in these Terms excludes liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded. Nothing here limits your non-waivable rights as a consumer.

Indemnification. You agree to indemnify and hold harmless Notera and its operators from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of your User Content, your use of the Services, your violation of these Terms, or your violation of any law or third-party right. We will notify you of any such claim and may participate in its defence with counsel of our choosing; you may not settle a claim in a way that imposes any obligation on us without our written consent.

15. Dispute resolution and arbitration

Governing law. These Terms and any dispute arising out of them or the Services are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer resident in the EEA or the UK, this choice of law does not deprive you of the protection of the mandatory consumer-law provisions of your country of residence, and you may bring proceedings in your local courts.

Informal resolution first. Before starting arbitration or a lawsuit, please email support@notera.so describing the dispute and the relief you want. We will try in good faith to resolve it within 30 days. This step is a condition of bringing a claim, and the limitations period is tolled while it runs.

Binding arbitration. If we cannot resolve the dispute informally, you and Notera agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator. Arbitration will take place in California, or remotely by video or telephone at your election, or in the county where you live if you request it. The arbitrator has exclusive authority to resolve any dispute about the scope or enforceability of this section. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Notera each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over a representative action. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorised access to the Services.

Your right to opt out. You may opt out of this arbitration agreement and the class action waiver by emailing support@notera.so with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address on your account. Opting out affects nothing else in these Terms, and we will not treat it as a reason to close your account or change your service.

If the arbitration agreement does not apply to you or to a particular dispute, you and Notera agree to the exclusive jurisdiction of the state and federal courts located in California for that dispute, and each of us consents to venue and personal jurisdiction there.

16. Mobile applications and app stores

We license, not sell, our mobile applications to you, for use only in accordance with these Terms and the rules of the app store you obtained them from.

Apple App Store. If you obtained our app from Apple: these Terms are between you and Notera, not Apple, and Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims, or for any third-party claim that the app infringes intellectual property rights. You represent that you are not located in a country subject to a US embargo or designated as terrorist-supporting, and that you are not on any US restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play. If you obtained our app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app.

Purchases made through an app store are handled by that store, and its refund policy applies to them.

17. General terms

• Entire agreement. These Terms, together with the Privacy Policy, Cookie Notice, and Accessibility Statement, are the entire agreement between you and Notera about the Services, and supersede any prior agreement on that subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in full force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages at infrastructure providers, natural disasters, war, and government action.
• Relationship. These Terms create no partnership, agency, or employment relationship between you and Notera.
• Notices. We may send notices to the email address on your account or display them in the Services. Send notices to us at support@notera.so.
• Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version controls in the event of a conflict.

18. Changes to these Terms

We may update these Terms from time to time, and will update the "Last updated" date at the top of this page. For material changes we will give notice by email or a prominent in-app notice at least 14 days before they take effect. Continued use after the effective date constitutes acceptance of the revised Terms. If you do not accept them, stop using the Services and delete your account before the effective date. Material changes do not apply retroactively to a dispute of which we already have notice.

19. Contact us

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