Terms of Use

These Terms of Use ("Terms") govern your use of the NoterAI mobile application (the "App") operated by NoterAI ("we," "us," or "our"). By accessing or using our App, you agree to be bound by these Terms.

1. Acceptance of Terms

By downloading, installing, or using the Noter AI App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, please do not use the App.

2. Age Requirements

You must be at least 13 years of age (or 16 years of age if you are located in the European Economic Area) to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under the required age, you are not permitted to use the App.

3. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install a copy of the App on a mobile device owned or controlled by you
• Use the App for your personal, non-commercial purposes

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

4. Restrictions

You agree not to:

• Copy, modify, or create derivative works based on the App
• Distribute, transfer, sublicense, lease, lend, or rent the App to any third party
• Reverse engineer, decompile, or disassemble the App
• Make the functionality of the App available to multiple users through any means
• Use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms
• Use the App to violate any rights of third parties
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)

5. Prohibited Content

You agree NOT to use Noter AI to record, transcribe, store, or process any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Promotes violence, terrorism, hate speech, or discrimination against any individual or group
• Contains child sexual abuse material (CSAM) or exploits minors in any way
• Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights
• Violates the privacy or publicity rights of any third party
• Contains malicious code, viruses, or any other harmful components
• Is obtained through illegal recording or without proper consent from all parties as required by law

We reserve the right to terminate your account immediately and without notice if we believe you are using the App for any prohibited purposes. We may also report illegal activity to appropriate law enforcement authorities.

6. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Noter AI, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. User Content and Recording Consent

The App may allow you to create, upload, or store content such as text, audio recordings, and notes ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

By using the App, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, reproduce, and process your User Content to provide and improve our services
• Store your User Content on our servers for backup and synchronization purposes

You are responsible for the User Content you create and must ensure that you have all necessary rights to grant us this license.

8. Transcription Accuracy Disclaimer

IMPORTANT: Noter AI uses artificial intelligence to transcribe audio recordings. You acknowledge and agree that:

• Transcriptions are generated automatically and may contain errors, omissions, or inaccuracies
• The accuracy of transcriptions depends on various factors including audio quality, background noise, accents, technical terminology, and multiple speakers
• Transcriptions are provided "as is" and should not be relied upon as 100% accurate
• You should always review and verify transcriptions before using them for any important purpose
• You should NOT rely on transcriptions for legal, medical, financial, or any critical decisions without independent verification
• Noter AI makes no guarantees regarding transcription accuracy and is not liable for any errors or their consequences

9. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

10. Updates to the App

We may from time to time provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the App. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features and/or functionalities of the App.

11. Third-Party Services

The App may display, include, or make available third-party content or provide links to third-party websites or services. We are not responsible for any third-party content or services and do not endorse them. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

12. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS
• TRANSCRIPTION ACCURACY OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE SERVICE

We do not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, that the App is free of viruses or other harmful components, or that transcriptions will be accurate or complete. The App and all transcription services are provided for general informational purposes only.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOTER AI, ITS OWNER, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ERRORS, INACCURACIES, OR OMISSIONS IN TRANSCRIPTIONS
• DECISIONS MADE BASED ON TRANSCRIBED CONTENT
• LEGAL CONSEQUENCES ARISING FROM YOUR RECORDING OF CONVERSATIONS
• LOSS OR CORRUPTION OF AUDIO FILES OR TRANSCRIPTIONS
• SERVICE INTERRUPTIONS OR DATA LOSS

RESULTING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. No Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTER AI SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE APP OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, NOTER AI IS NOT LIABLE FOR:

• ANY DATA LOSS, INCLUDING LOSS OF AUDIO RECORDINGS OR TRANSCRIPTIONS
• ANY INACCURACIES, ERRORS, OR OMISSIONS IN TRANSCRIPTIONS
• ANY SERVICE INTERRUPTIONS, OUTAGES, OR FAILURES
• ANY DECISIONS OR ACTIONS YOU TAKE BASED ON TRANSCRIBED CONTENT
• ANY LEGAL CONSEQUENCES FROM YOUR RECORDING OF CONVERSATIONS
• ANY CORRUPTION, DELETION, OR FAILURE TO STORE YOUR DATA
• ANY THIRD-PARTY CLAIMS ARISING FROM YOUR USE OF THE APP

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE APP AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ANY DATA, AUDIO FILES, OR TRANSCRIPTIONS THAT ARE IMPORTANT TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless Noter AI and its owner, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:

• Your violation of these Terms
• Your use of the App
• Your recording of conversations without proper consent
• Your violation of any applicable wiretapping, eavesdropping, or recording consent laws
• Any claim that your User Content infringes the rights of any third party
• Your reliance on transcriptions for any purpose

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Noter AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

• No Class Actions: YOU AND NOTER AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
• Informal Resolution First: Before initiating arbitration, you agree to contact us at support@NoterAI.net to attempt to resolve the dispute informally within 30 days.
• Arbitration Rules: Any arbitration will be conducted under the rules of a mutually agreed-upon arbitration provider, or if no agreement is reached, under the UNCITRAL Arbitration Rules.
• Location: Arbitration shall take place in Kuwait or, at your election, may be conducted remotely via video conference.

17. Termination

These Terms shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate these Terms with or without prior notice. Upon termination, your right to use the App will cease immediately. If you wish to terminate these Terms, you may do so by discontinuing use of the App and deleting it from your device.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kuwait, without regard to its conflict of law provisions. Subject to the arbitration clause above, you agree to submit to the personal and exclusive jurisdiction of the courts located in Kuwait for any matters not subject to arbitration.

19. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes.

20. Apple-Specific Terms

If you are using the App on an iOS device, the following additional terms apply:

• These Terms are between you and NoterAI only, not with Apple
• Apple has no obligation to furnish any maintenance and support services with respect to the App
• Apple is not responsible for addressing any claims relating to the App
• Apple is not responsible for addressing any third-party claim that the App infringes intellectual property rights
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms
• You must comply with applicable third-party terms when using the App
• You must comply with the App Store Terms of Service

21. Contact Information

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

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Noter AI regarding the use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

23. 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.

24. Waiver

No waiver by Noter AI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Noter AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.