Terms of Use

Introduction

Welcome to NerdyNotes ("we," "our," or "us"). By downloading, accessing, or using our mobile application, website, and services (collectively, the "Services"), you agree to be bound by these Terms of Use.

Please read these Terms carefully. By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.

Use of Services

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your personal, non-commercial use, subject to these Terms and our policies.

To use our Services, you must:

• Be at least 13 years old (or the minimum legal age in your jurisdiction)
• Register for an account with accurate information
• Maintain the security of your account
• Notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

Subscription Terms

NerdyNotes offers the following subscription options:

• Free plan: Basic features with local storage only
• Premium plan: Available as monthly or annual subscription

For premium subscriptions:

• All subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscriptions by going to your account settings in the App Store or Google Play Store after purchase
• No refunds will be granted for any partially used subscription periods

We reserve the right to change our subscription plans or pricing at any time. Any changes to subscription fees will not apply until the end of your current billing cycle.

User Content

Our Services allow you to create, upload, store, and share content such as notes, code snippets, and documents ("User Content").

You retain ownership of any intellectual property rights that you hold in your User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display your User Content solely for the purpose of providing and improving the Services.

You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate these Terms, applicable law, or the rights of any third party
• Your User Content is not harmful, offensive, illegal, or otherwise objectionable

GitHub Integration

Our Premium plan allows you to integrate with GitHub to sync and store your notes. By connecting your GitHub account, you authorize us to access your repositories as necessary to provide this feature.

We are not responsible for any issues with GitHub's services or any consequences of storing your data on GitHub. You are responsible for maintaining your GitHub account and complying with GitHub's terms of service.

Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Infringe or violate the intellectual property rights or any other rights of others
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services to transmit malware, viruses, or other harmful code
• Use automated methods to access or use the Services without our permission
• Use the Services to collect or harvest data about our users
• Create multiple accounts for abusive purposes

We reserve the right to terminate or suspend your access to the Services for any violation of these Terms or for any other reason at our discretion.

Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by NerdyNotes and are protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in the Services or our content, nor any intellectual property rights owned by NerdyNotes or its licensors.

NerdyNotes, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NerdyNotes. You may not use such marks without our prior written permission.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER 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 SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NERDYNOTES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• ANY OTHER MATTER RELATING TO THE SERVICES

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO NERDYNOTES, IF ANY, FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless NerdyNotes, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

Changes to Terms

We may modify these Terms at any time at our sole discretion. If we make changes, we will provide notice through the Services or by other means. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

If you do not agree to the new Terms, you must stop using the Services and delete your account.

Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services will be governed by the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any legal action or proceeding relating to these Terms or the Services shall be brought exclusively in the courts of [Your Jurisdiction], and you consent to the jurisdiction of such courts.

Termination

We may terminate or suspend your account and access to the Services at any time, for any reason, without prior notice or liability.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Contact Us

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

[email protected]