TERMS OF SERVICE

Last Updated: June 17, 2026

These Terms of Service (the "Terms" or "Agreement") constitute a legally binding contract between Notably (collectively referred to as "we," "us," or "our") and the individual or entity accessing or using our Service ("you," "your," or "User").

By accessing, registering for, downloading, or using the web application, progressive web application (PWA), APIs, and associated digital services hosted at https://www.notablyapp.net (collectively, the "Service"), you represent that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you are strictly prohibited from using the Service and must immediately discontinue access.

1. ELIGIBILITY AND ACCOUNT SECURITY

• Age Requirements: By registering an account, you represent and warrant that you are at least thirteen (13) years of age. If you are under eighteen (18) years of age, you represent that you possess parental or legal guardian consent to agree to this Agreement.
• Account Registration: You must authenticate using supported authentication protocols (including Google/GitHub OAuth or email registration) provided via Supabase Auth. You agree to provide accurate, current, and complete registration info.
• Account Responsibility: You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to safeguard your account details.

2. SERVICE SUBSCRIPTIONS AND BILLING

• Billing Processor: All recurring subscription plans, fees, and billing details are processed exclusively by our third-party billing provider, Stripe, Inc.
• Subscription Tiers:
  • Free Tier: Limited to a maximum of fifteen (15) active notes, no file attachments, and no access to the AI Note-Agent.
  • Pro Tier: Monthly recurring paid subscription granting access to unlimited notes, base64 file/image attachments, and the AI Note-Agent.
• Automatic Renewal: Subscription fees will be billed automatically in advance on a recurring monthly basis. Your subscription will auto-renew unless you cancel it before the renewal date.
• Cancellation: You may cancel your subscription at any time via the Stripe Customer Portal accessible through the settings panel of the Service. Upon cancellation, your access to Pro features will terminate at the end of the current billing cycle.
• Fee Modifications: We reserve the right to change our subscription fees at any time upon thirty (30) days' prior notice. Your continued use of the Service after the price change constitutes acceptance of the new fee.
• No Refunds: All payments made to the Service are non-refundable, except as explicitly required by law or at our sole discretion.

3. USER CONTENT AND CUSTOM CODE LICENSE

• Ownership of User Content: You retain all intellectual property rights in the notes, documents, files, and custom JavaScript widget code you create or upload to the Service ("User Content").
• License Grant to Us: You grant us a worldwide, non-exclusive, royalty-free, fully paid, secure, database-level license to host, store, replicate, transmit, and display your User Content solely as necessary to provide, maintain, and secure the Service to you.
• User Representations and Warranties: You represent and warrant that your User Content, including any custom JavaScript widget code:
  1. Does not infringe upon the intellectual property, privacy, or proprietary rights of any third party.
  2. Does not contain viruses, malware, trojan horses, infinite loops, or other destructive instructions.
  3. Does not violate any applicable local, state, national, or international laws.

4. JS WIDGETS AND CLIENT-SIDE EXECUTION RISK

• Assumption of Risk: The Service allows Users to author and execute custom JavaScript code inside note widgets. ALL CLIENT-SIDE CODE EXECUTION OCCURS ENTIRELY AT YOUR OWN RISK.
• No Monitoring: We do not pre-screen, monitor, or review custom JavaScript code written by users. We assume no liability for the performance, safety, execution, or local data effects of user-written JavaScript.
• System Integrity: You agree not to write, import, or execute JavaScript code designed to perform Cross-Site Scripting (XSS), Cross-Site Request Forgery (CSRF), credential harvesting, unauthorized local storage access, or denial of service against the client browser or the Service infrastructure.

5. INTELLECTUAL PROPERTY RIGHTS

The Service, including its layout, visual interface, database architecture, proprietary widgets, server code, and styling (excluding User Content), is owned exclusively by us and is protected by copyright, trademark, and other proprietary laws. You may not copy, modify, distribute, reverse engineer, or attempt to extract the source code of the Service without our prior written consent.

6. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• THE SERVICE IS IMMUNE FROM COLD STARTS, SPEED DEGRADATION, OR SERVER DOWNTIME.
• THE DATA LOGS, USER CONTENT, OR WIDGET STORAGE DATA WILL NOT BE SUBJECT TO ACCIDENTAL LOSS, CORRUPTION, OR DELETION. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR CRITICAL DATA.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSEES, OR DATA PROCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:

1. YOUR USE OF OR INABILITY TO USE THE SERVICE.
2. THE EXECUTION OF CUSTOM JAVASCRIPT CODE IN WIDGETS BY YOU OR A THIRD PARTY.
3. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY UNITED STATES DOLLARS ($50.00).

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our successors, employees, contractors, and sub-processors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising out of or resulting from:

1. Your use of and access to the Service.
2. Your violation of any term of this Agreement.
3. Your User Content, including any claims that your custom JavaScript code caused browser crashes, local security breaches, or infringed upon third-party intellectual property rights.

9. DISPUTE RESOLUTION: ARBITRATION AND CLASS ACTION WAIVER

• Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware (or your local country of residence, if required by consumer protection law), without regard to its conflict of law provisions.
• Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, including the formation, validity, or breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) or local equivalent. The arbitration shall be conducted on an individual basis.
• Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR LITIGATION SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

10. SEVERABILITY AND ENTIRE AGREEMENT

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
• Entire Agreement: This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and us regarding the Service and supersedes any prior agreements or understandings.

11. CONTACT AND LEGAL NOTICES

Please send all formal legal communications and support inquiries to:

Notably App Support
Email: [email protected]