End-User Agreement

Last Updated: May 16, 2025 (Application ver. 3.0)

TERMS OF USE

By accessing or using the NotePlan mobile, desktop, or web application, including the service embodied therein (collectively, the “Application”), you (the “User”) accept these Terms of Use (“Terms”). These Terms constitute a binding agreement between the User and NotePlan LLC, including its subsidiaries, related, and affiliated companies (collectively “NotePlan,” “we,” “us,” or “our”). By downloading, installing, accessing, or using the Application, User acknowledges and agrees to be bound by these Terms and our Privacy Policy (available at https://noteplan.co/privacy). If you do not agree to these Terms, you must immediately cease using the Application, uninstall any installed versions, and discontinue access. These Terms are available on the NotePlan website (http://noteplan.co/tos) and within the Application. Continued use of the Application signifies your acceptance of these Terms and any updates thereto.

Service

The Application allows Users to manage daily tasks and notes using a calendar and writing pad (the “Service”). The Service may be accessed via mobile devices, desktop computers, or web browsers and includes features such as cloud synchronization, third-party integrations, and subscription-based functionalities.

Purchases may be made through our website (https://noteplan.co), processed by NotePlan LLC using Stripe.com as our payment processor, or as in-app purchases within the iOS and macOS versions of the Application, processed by Apple. NotePlan LLC handles customer service inquiries, refunds, and disputes for website purchases, while Apple handles these for in-app purchases.


Age Restriction and COPPA Compliance

The Application is intended for individuals aged 13 or older. NotePlan complies with the U.S. Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from children under 13. Users aged 13 to 18 must obtain consent from a parent or legal guardian before using the Application. NotePlan may require verification of such consent. If you believe a child under 13 has provided personal information, contact us at [email protected]. Users under 13 must immediately cease using the Application.

Incorporation of Related Terms

These Terms incorporate and supplement:

In case of conflict, these Terms shall control solely with respect to the Application.

End-User License

Subject to these Terms, NotePlan grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Application for personal use on compatible devices (e.g., mobile devices, computers) or web browsers, in accordance with these Terms and, for iOS and macOS versions, the Apple Terms (“User License”). Any other use, including resale, reverse-engineering, disassembly, redistribution, modification, or distribution of the Application or its content (e.g., text, images, data, hyperlinks) (“Content”), is prohibited.

This User License governs any updates, supplements, or replacements for the Application unless separate terms apply. The license is effective until terminated by you or NotePlan. Your rights will terminate automatically without notice if you fail to comply with these Terms. Upon termination, you must cease all use of the Application, uninstall any installed versions, and destroy all copies, full or partial, thereof.

Subscriptions and Payments

Certain features of the Application require a paid subscription, available on a monthly or annual basis. Subscriptions may be purchased:

  • Through the Website: Processed by NotePlan LLC using Stripe.com as our payment processor. NotePlan LLC complies with Payment Card Industry Data Security Standards (PCI DSS) to ensure secure payment processing. You may cancel your subscription through your account settings inside the apps or by contacting us at [email protected]. We offer a 14-day refund policy from the date of your initial payment if you are not satisfied with our service. Beyond this 14-day period, refunds are not provided except as required by applicable law (e.g., during a statutory cooling-off period).
  • Through In-App Purchases (iOS and macOS): Processed by Apple and subject to the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/). You may manage or cancel your subscription through the App Store app. Refunds are handled by Apple per their policies, and you should contact Apple Support for assistance.

Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.

Using the Service

To access the Service, you may need to provide accurate and current identification, contact, and other information during registration or continued use. You are responsible for maintaining the accuracy and completeness of this information.


User Information and Data Protection

The Application may collect, store, process, or transmit personal information, including usernames, email addresses, financial information, location data, and third-party account information (collectively, “User Information”). User Information may be stored on cloud servers managed by NotePlan or third-party providers. By using the Application, you consent to NotePlan and its agents or third-party partners collecting, processing, and transmitting User Information for Application functionality and purposes outlined in our Privacy Policy.

NotePlan complies with applicable data protection laws, including the EU General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant regulations. Users have the right to access, correct, delete, restrict, or port their personal data, subject to applicable law. For details, see our Privacy Policy.

You are solely responsible for the security of User Information stored on your device or accessed via your browser, including using strong passwords and maintaining updated software. NotePlan is not liable for losses arising from unauthorized access or fraudulent transactions related to User Information. Notify us immediately at [email protected] of any suspected security breach.

NotePlan may collect technical data (e.g., device or browser information, software details) to provide updates, support, or improve the Application. Such data will be anonymized and not personally identifiable.

Prohibited Uses

Use of the Application is limited to its intended functionality. You shall not (or use the Application to):

  1. Harass, abuse, threaten, defame, or infringe the rights of others (e.g., privacy, publicity, or intellectual property rights).
  2. Engage in unlawful, fraudulent, or deceptive practices.
  3. Use technology to access unauthorized content or non-public areas.
  4. Launch automated systems (e.g., bots, spiders) to access unauthorized content.
  5. Introduce viruses or harmful code that disrupts functionality.
  6. Forge headers or manipulate identifiers to disguise Content origins.
  7. Store Content you lack rights to transmit (e.g., proprietary information).
  8. Store Content infringing patents, trademarks, or copyrights.
  9. Attempt to damage, disable, or impair NotePlan’s servers or networks.
  10. Attempt unauthorized access to NotePlan systems or user accounts.
  11. Encourage criminal conduct or civil liability.
  12. Violate these Terms or applicable third-party terms (“Acceptable Use”).

NotePlan may terminate your User License, remove Content, assist law enforcement, or pursue legal action for violations of these Terms, without waiving its rights by delay or inaction.

Stored User Content

NotePlan claims no ownership over Content you store in the Service. You retain all rights to your Content and are responsible for protecting those rights. NotePlan grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Application’s software to access the Service, subject to these Terms.

Service Features; Third-Party Providers

NotePlan may limit storage, searches, cloud accounts, or other features at its discretion, with or without notice. You acknowledge that NotePlan’s actions (e.g., maintenance, updates) may temporarily or permanently affect access to your Content, and NotePlan is not liable for such impacts, including Content deletion.

The Application may integrate with third-party services (e.g., cloud storage providers), subject to their terms. NotePlan is not responsible for the availability, security, or performance of third-party services. You are responsible for complying with third-party terms.

NotePlan may use third-party software under license. Such software is provided “as is,” and NotePlan disclaims any warranties regarding it.

Application Updates

NotePlan may release updates that modify or remove features. You are responsible for backing up your data, and NotePlan is not liable for data loss or functionality changes resulting from updates.

Browser Compatibility

The web version of the Application is designed to work with modern, updated web browsers (e.g., Chrome, Firefox, Safari). You are responsible for maintaining a compatible browser, and NotePlan is not liable for issues arising from outdated or unsupported browsers.

Accuracy of Representation

You must provide accurate, complete, and non-misleading information when using the Application. Misrepresentation of your identity or other details is prohibited.

Accessibility

NotePlan is committed to making the Application accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG 2.2). If you encounter accessibility barriers, contact us at [email protected].

International Use

The Application is operated from the United States. If you access it from outside the U.S., you are responsible for complying with local laws. NotePlan makes no representation that the Application is appropriate for use in all jurisdictions.

Indemnification

You agree to indemnify and hold harmless NotePlan, its affiliates, employees, contractors, directors, and agents from all claims, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from your use or misuse of the Application, violation of these Terms, or infringement of third-party rights. NotePlan may assume control of any matter subject to indemnification, and you will cooperate in asserting defenses.

No Warranties

The Application, Service, and Content are provided “as is” and “as available” without warranties of any kind, express or implied. To the fullest extent permitted by law, NotePlan disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, reliability, or uninterrupted operation. You use the Application at your own risk.


No Liability

To the fullest extent permitted by law, NotePlan and its agents shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, data, or goodwill, arising from your use of the Application. Your sole remedy is to cease using the Application. NotePlan’s liability, if any, shall not exceed the amount paid by you for the Application or $100, whichever is less.

Force Majeure

NotePlan shall not be liable for failure to perform its obligations due to events beyond its reasonable control, including natural disasters, wars, government actions, or interruptions in internet or third-party services.

Intellectual Property

The NotePlan name, logo, and other trademarks are owned by NotePlan (“NotePlan Marks”). Third-party trademarks used in the Application are owned by their respective owners (“Third-Party Marks”). NotePlan Marks and Third-Party Marks may not be used without prior written permission. The Application and Content are protected by copyright, trademark, patent, trade secret, and other laws.

Termination and Suspension

NotePlan may suspend or terminate your access to the Application or Service at its discretion, with or without notice, for violations of these Terms. Upon termination, your account and stored Content may be deleted, and NotePlan is not liable for any loss. Where feasible, NotePlan will provide reasonable notice and an opportunity to export your data.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action arising under these Terms shall be brought exclusively in the federal or state courts located in New Castle County, Delaware, and the parties consent to the jurisdiction and venue therein.

Dispute Resolution

Any dispute arising from these Terms or the Application shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Wilmington, Delaware, under its Commercial Arbitration Rules. The arbitrator’s decision shall be final, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs, except as provided by law.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to pursue claims as part of a class or representative action.

Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy and incorporated terms, constitute the entire agreement between you and NotePlan, superseding all prior agreements.
  • No Third-Party Rights: Except as expressly provided (e.g., third-party beneficiaries), these Terms confer no rights on third parties.
  • Survival: Provisions that should survive termination (e.g., Indemnification, No Warranties, No Liability) shall remain in effect.
  • Severability: If any provision is deemed invalid, it shall be severable, and the remaining provisions shall remain enforceable.
  • No Waiver: NotePlan’s failure to enforce any right or provision shall not constitute a waiver.

Modification of these Terms

NotePlan may modify these Terms at its discretion by posting updates on https://noteplan.co/tos or within the Application. Continued use after such changes constitutes your agreement to the updated Terms. Only a written waiver signed by an authorized NotePlan representative shall have legal effect.


Contact Us

If you have any questions regarding our privacy practices, you can email us at [email protected]. Mail: NotePlan LLC, 1309 Coffeen Avenue STE 1200, Sheridan WY, 82801.

Legal notices must be sent via certified mail and are deemed received upon confirmation of delivery.