Terms & Conditions
Last Updated: November 15th, 2024
Welcome to Noted! By downloading, installing, or using the Noted app ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
By accessing or using Noted, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Description of the App
Noted is a minimalist journaling app designed to support your mental well-being through features like journaling, mood tracking, AI-powered summaries, achievements, and various cognitive behavioral therapy tools.
3. Eligibility
You must be at least 13 years old to use Noted. If you are under the age of majority in your jurisdiction (typically 18 or 19 years old), you must have your parent or guardian's permission to use the App. By using the App, you represent and warrant that you meet the eligibility requirements.
4. User Responsibilities
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Account Security: While Noted does not require account creation, you are responsible for maintaining the security of your device to protect your journal entries and personal data.
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Prohibited Conduct: You agree not to use the App for any unlawful or prohibited activities, including but not limited to violating any local, provincial, national, or international laws and regulations.
5. Subscription Services
5.1. Subscription Details
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Subscription Name: Noted Premium Monthly Subscription
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Length of Subscription: Monthly (auto-renewing)
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Price of Subscription: $2.99 CAD per month
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Taxes: Prices are exclusive of applicable federal, provincial, and local taxes, including goods and services tax (GST) and harmonized sales tax (HST). Taxes will be calculated and charged at the time of purchase.
5.2. Payment and Renewal
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Payment: Payment will be charged to your Apple ID account at the confirmation of purchase.
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Auto-Renewal: The subscription automatically renews each month unless canceled at least 24 hours before the end of the current period.
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Account Management: You can manage and cancel your subscription by going to your account settings on the App Store after purchase.
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Free Trial: If a free trial is offered, you will not be charged until the free trial period ends. Any unused portion of a free trial period will be forfeited when you purchase a subscription.
5.3. Cancellation and Refunds
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Cancellation: You may cancel your subscription at any time; however, no refunds will be provided for any unused portion of the subscription term.
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Refunds: All billing and refund processes are managed by Apple. If you wish to request a refund, please contact Apple Support or visit Apple's refund page.
6. AI Summaries
6.1. Optional Feature
The AI-powered summaries are an optional feature. By enabling this feature, you consent to the processing of your journal entries through the ChatGPT API to generate summaries.
6.2. Data Handling
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Processing: Your entries are processed temporarily and are not stored on our servers.
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Third-Party Service: The AI summaries feature uses the ChatGPT API, a service provided by OpenAI. By enabling this feature, you agree to OpenAI's Terms of Service and Privacy Policy.
7. User Content
7.1. Ownership
You retain all rights to your journal entries and any content you create within the App. We do not claim ownership of your personal data.
7.2. Responsibility
You are solely responsible for the content you create, transmit, or display while using the App and for any consequences thereof.
8. Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy is compliant with the Personal Information Protection and Electronic Documents Act (PIPEDA)and outlines how we collect, use, and protect your personal information.
9. Intellectual Property Rights
All content within the App, including but not limited to text, graphics, logos, and software, is the property of Noted or its content suppliers and is protected by intellectual property laws. Unauthorized use of the content may violate copyright, trademark, and other laws.
10. Third-Party Services
The App may contain links to third-party websites or services that are not owned or controlled by Noted. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
11. Modifications to the App
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
12. Disclaimers
12.1. No Medical Advice
Noted is not intended to provide medical or psychological advice. The App is for informational and self-help purposes only. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition.
12.2. As-Is Basis
The App is provided on an "as-is" and "as-available" basis. Noted makes no warranties, expressed or implied, regarding the App's operation or availability.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Noted or its developers be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the App.
14. Governing Law
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
15. Dispute Resolution
Any disputes arising from or relating to these Terms shall be resolved by binding arbitration in Toronto, Ontario, Canada. If arbitration is not permissible, the courts located in Toronto, Ontario shall have exclusive jurisdiction.
16. Changes to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting within the App and updating the "Last Updated" date at the top of these Terms. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
17. Accessibility and Inclusivity
We are committed to making the App accessible to users with disabilities. If you have any suggestions or encounter any barriers, please contact us so we can improve your experience.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and Noted regarding your use of the App and supersede any prior agreements.
20. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: ContactNotedApp@gmail.com
Our Terms and Conditions (“T&C”) are designed to establish the legal relationship between Noted: Mental Health Companion and its users. They outline the boundaries governing the use of the mobile app and the rights and responsibilities of the users and the app owner. T&C are crucial to protect both parties and ensure a safe and transparent experience.