End User License Agreement (EULA)
This End User License Agreement (“Agreement”) is a legal agreement between you (“you” or “User”) and Jonathan Sims (“Licensor”) for the use of the Notanem application, including any updates, supplements, and related services (the “App”).
By installing, copying, or otherwise using the App, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the App.
1. License Grant
Subject to the terms of this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:
- Download, install, and use the App on devices that you own or control
- Use the App for personal or professional writing purposes
- Create, store, and export content using the App
2. Subscription Services
Certain features of the App — including cross-device sync, mobile sync, sharing, and feedback — require an active paid subscription or an eligible account tier (such as beta or founder access). The license granted in Section 1 covers the App itself; access to subscription-dependent features is governed by the Terms of Service and is contingent on maintaining an active subscription or eligible account status.
The Licensor reserves the right to change which features require a subscription. If features you currently use without a subscription become paid features, we will provide reasonable notice before the change takes effect.
3. Beta and Early Access
If you receive access to the App or any of its features through a beta, early access, or pre-release program:
- Such access is provided on a temporary, revocable basis at the Licensor’s discretion
- Beta access does not entitle you to permanent free access to any features that may become paid at general availability
- Beta features may be incomplete, may change substantially, and may be removed without notice
- The Licensor may impose participant limits, modify access terms, or end a beta program at any time
4. License Restrictions
You may not:
- Copy, modify, or distribute the App or any portion of it
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except as permitted by applicable law
- Rent, lease, lend, sell, sublicense, or otherwise transfer the App or your rights under this Agreement to any third party
- Remove, alter, or obscure any proprietary notices, labels, or marks on the App
- Use the App to develop a competing product or service
- Use the App in any way that violates applicable laws or regulations
5. Ownership
The App is licensed, not sold. The Licensor retains all rights, title, and interest in and to the App, including all intellectual property rights. This Agreement does not grant you any ownership interest in the App.
Your content is yours. The Licensor claims no ownership, license, or rights over any content you create, import, or store using the App.
6. Updates
The App may check for and install updates automatically. Updates may modify or remove features. Continued use of the App after an update constitutes acceptance of any changes. You may disable automatic updates through the App’s settings, though doing so may affect functionality or security.
7. Third-Party Components
The App includes third-party open-source software components, each governed by its own license terms. A list of these components and their licenses is available at notanem.com/third-party-notices and in the App’s documentation. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms of any applicable open-source license.
8. No Warranty
THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE LICENSOR DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP.
THE LICENSOR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
You are responsible for maintaining backups of your content. The Licensor is not liable for data loss of any kind.
10. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination:
- You must cease all use of the App and destroy all copies in your possession
- Content stored on your device remains yours and is unaffected by termination
- Sections 5, 8, 9, and 12 survive termination
11. Export Compliance
You agree to comply with all applicable export and import laws and regulations in your use of the App.
12. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law principles.
13. Apple App Store Additional Terms
If you obtained the App through the Apple App Store, the following additional terms apply:
- This Agreement is between you and Jonathan Sims, not Apple. Apple is not responsible for the App or its content.
- The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the App.
- In the event of any failure of the App 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 with respect to the App.
- Apple is not responsible for addressing any claims relating to the App, including product liability claims, consumer protection claims, or intellectual property claims.
- In the event of a third-party intellectual property claim, Jonathan Sims, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, will have the right to enforce this Agreement against you.
14. Entire Agreement
This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Licensor regarding the App and supersedes all prior agreements and understandings.
15. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Contact
If you have questions about this Agreement, please contact:
Jonathan Sims
Email: write@notanem.com