Terms of Service
These Terms of Service (“Terms”) govern your use of Notanem, a writing application provided by Jonathan Sims (“we,” “us,” or “our”). By using the Notanem desktop application, mobile application, or any related services (collectively, the “App”), you agree to these Terms. If you do not agree, do not use the App.
1. Acceptance of Terms
By creating an account, downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Description of Service
Notanem is a local-first writing application designed for novelists and long-form writers. The App provides tools for writing, organizing, annotating, plotting, and sharing manuscripts. Your creative content is stored on your device. Optional features such as account authentication, sharing, and cross-device transfer require an internet connection and an account.
3. Accounts
Registration
To access certain features, you may create an account using an email address and password, or through Google or Apple sign-in. You must provide accurate information and keep your credentials secure.
Local-Only Use
You may use the App without creating an account. In local-only mode, sharing and cross-device features are unavailable, but all writing and organizational features work fully.
Account Security
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us promptly if you become aware of unauthorized use of your account.
4. Your Content
Ownership
You own all content you create using Notanem. We do not claim any ownership, license, or rights over your manuscripts, notes, plot elements, annotations, or any other creative work. Your content is stored on your device and remains yours.
Content You Share
When you use the App’s sharing features to send content to readers, you grant us a limited, temporary license to store and transmit that content solely for the purpose of delivering it to your intended recipient. This license terminates automatically when the shared content is deleted from our servers per our data retention schedule (see Privacy Policy).
Feedback Content
Feedback provided by readers through the App is owned by the respective reader. When feedback is delivered to you, it is stored on your device. We do not retain feedback beyond the temporary delivery period described in our Privacy Policy.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose
- Attempt to gain unauthorized access to our systems or other users’ accounts
- Interfere with or disrupt the App’s services or infrastructure
- Transmit malicious code, viruses, or harmful content through the sharing features
- Impersonate another person or entity
- Use the sharing features to distribute unsolicited content or spam
- Reverse engineer, decompile, or disassemble the App, except as permitted by applicable law
- Circumvent or disable any security features of the App
6. Sharing and Contacts
When you share content with other users or add contacts:
- You are responsible for ensuring you have the right to share the content you send
- Recipients may retain copies of shared content on their devices
- You may block users from sending you shares or contact requests
- We are not responsible for how recipients use content you share with them
7. Intellectual Property
The App, including its design, code, features, and documentation (excluding your content), is owned by Jonathan Sims and is protected by applicable intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.
8. Disclaimers
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The App will be uninterrupted, error-free, or secure
- Defects will be corrected in any particular timeframe
- The App will meet your specific requirements
- Data stored on your device will not be subject to loss or corruption
You are solely responsible for maintaining backups of your content. While the App provides export functionality, we are not responsible for data loss due to device failure, software errors, or any other cause.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JONATHAN SIMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify and hold harmless Jonathan Sims from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any third-party rights.
11. Termination
By You
You may stop using the App at any time. Your content remains on your device regardless of whether you continue using the App. You may request deletion of your account by contacting us.
By Us
We may suspend or terminate your access to account-dependent features if you violate these Terms. We will make reasonable efforts to notify you before or at the time of termination. Termination does not affect content stored locally on your device.
Effect of Termination
Upon termination:
- Your right to use account-dependent features ceases
- Content stored on your device remains yours and is unaffected
- Provisions that by their nature should survive termination will survive (including Sections 4, 8, 9, 10, and 14)
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by updating the “Last Updated” date and, where appropriate, through the App. Your continued use of the App after changes are posted constitutes acceptance of the updated Terms. If you disagree with changes, you should stop using the account-dependent features of the App.
13. Third-Party Services
The App integrates with third-party services (Supabase, Google, Apple) for authentication and data relay. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.
14. General Provisions
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or the App shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved in the courts located in Washington County, Oregon.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and us regarding the App.
Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Contact Us
If you have questions about these Terms, please contact:
Jonathan Sims
Email: write@notanem.com