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Terms of Service

Effective July 1, 2024

    

NoteGoat provides an AI powered tools. This includes notes, summaries and other related products. These Terms of Service (Terms) govern your use of any of these services, technologies and software offered by NoteGoat, except where we expressly state that separate terms apply.

We do not sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers or service providers.

Our Privacy Policy explains how we collect and use your personal data.

These Terms are a legally binding contract between you (an individual) and NoteGoat (“NoteGoat” “we,” or “us”) regarding your use of our related desktop applications, mobile applications, and other services provided by us (collectively, the “Service”). As used herein, “you” or “your” means the end user accessing and using the Service, as applicable and hereby agreeing to these Terms.

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING NOTEGOAT’s PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND NOTEGOAT’s PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY NOTEGOAT AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NOTEGOAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

1. NoteGoat Service Overview. NoteGoat enables users to create notes, summaries and other output that include both user and AI generated on a laptop, tablet or phone.

2. Eligibility. You represent and warrant that: (a) you are at least 18 years of age and if you are between the ages of 13 and 18 you have your parent’s consent to use the Services; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If we disable, suspend, remove or close your account, you agree not to create another account without our permission.

3. Accounts and Registration. When you register for an account to access the Services, you will provide us with accurate and up-to-date information about yourself. You accept responsibility for all activities that occur under your account. NoteGoat has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. For any account security issues immediately notify us at support@notegoat.ai.

4. General Payment Terms.

4.1 You are not required to purchase anything from NoteGoat or the NoteGoat apps, but your access to the Services will be limited. You can review the subscriptions here. Creation of multiple accounts to avoid payment of the applicable fees is prohibited.

    

All fees and applicable taxes are in U.S. Dollars and are non-refundable. In case of a price change, advance notice will be provided, with an option to cancel or change your subscription before the price change applies.

 

NoteGoat, at its sole discretion, may make promotional offers (for which you may not be eligible) with different features and/or different pricing to any of NoteGoat’s present,      potential or future customers.  

 

4.2 Authorization. You authorize NoteGoat and its third party payment processors to charge all sums for the transactions that you make and any level of Service you select including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, NoteGoat’s third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

 

4.3 Subscription Service.

a. General. If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g. monthly or annually) until you cancel in the manner set forth in Section 4.3.c.

b. Authorization. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription in accordance with Section 4.3.c below; (c) we decline to renew your subscription; or (d) these Terms of Service are otherwise properly terminated as expressly permitted herein. Further details regarding cancellation are included in Section 4.3.c below.

c. Cancellation. When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but cancellation will be effective at the end of your current billing period. You must cancel your subscription prior to the end of your current subscription period to avoid billing of the next periodic subscription fee. If you cancel prior to the deadline, you will not be charged. You may cancel the Subscription Service on the subscription page for your account profile at NoteGoat.ai if you signed up directly via our website, or through settings in the Apple App Store, or Google Play Store if you subscribed directly in the mobile application or contacting us at: support@notegoat.ai.

 

4.4 Unpaid charges.

If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the product or services or cancel your subscription.

 

If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your account and you will remain responsible for all charges and uncollected amounts incurred until you cancel pursuant to Section 4.3.c or we, in our sole discretion, decide to terminate your account.

 

In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.

 

5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to NoteGoat (“Feedback”), then you hereby grant NoteGoat an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

6. Ownership; Proprietary Rights. The Service is owned and operated by NoteGoat. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by NoteGoat are protected by intellectual property and other laws. All Materials included in the Service are the property of NoteGoat. Except as expressly authorized by NoteGoat, you may not make use of the Materials. NoteGoat reserves all rights to the Materials not granted expressly in these Terms.

 

7. User Content and Activities

 

“User Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and other users. You are the only one who is in charge of User Content. You agree that you are the only one responsible for the User Content you send, transmit, display, or upload while using the Services. You are also responsible for following all laws that apply to the User Content, including, but not limited to, any laws that require you to get permission from a third party to use the User Content and to give proper notices of third-party rights. You guarantee that you have the right to upload the User Content to the Services and that doing so does not violate or infringe on the rights of any third party. Under no circumstances will NoteGoat be responsible for (a) User Content that is sent or viewed while using the Services, (b) errors or omissions in the User Content, or (c) any loss or damage of any kind caused by the authorized use of, access to, or denial of access to User Content. NoteGoat isn't responsible for any User Content, but it has the right to delete any User Content at any time without notice if it breaks any of the rules in this agreement or the law. You keep the right to copy User Content and any other rights you already have.

You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with our services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with our services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon NoteGoat’s request, you will furnish NoteGoat any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You may delete User Content from your account at any time.

 

You agree that NoteGoat has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. We may, but are not obligated to, review User Content prior to posting it on or distributing it through our services, or allowing them to be distributed through our services.

 

When you create, submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any Notes or content, testimonial, feedback, message, image, link, text, profile data or other material ("User Content") to NoteGoat, any NoteGoat employee or contractor, or a NoteGoat Website, you grant NoteGoat and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by NoteGoat, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, transform, create derivative works based upon and otherwise use the User Content.

 

The Service may provide a feature that allows the service to listen to lectures or other similar activities. The laws regarding the notice and notification requirements of such conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any such activity as required under applicable law.

 

Except as otherwise described in our posted Privacy Policy, or other agreement on our services presented at the time you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary. You acknowledge and agree that your relationship with NoteGoat is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place NoteGoat in a position that is any different from the position held by members of the general public, including with regard to your User Content.

 

Note that pursuant to our Privacy Policy, we will not create, facilitate, or display social advertisements, whereby your name, profile and photo may be used to advertise products and services, without your express, written consent.

 

8. Acceptable Use Policy. You are solely responsible for the User Content you create, through or in connection with our Services, and any material or information that you share to other users and for your interactions with other users. When you create, contribute, or otherwise provide User Content via our services, you agree to comply with the following Usage Rules. In addition to removing such prohibited materials, NoteGoat may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

 

Prohibited user content includes, but is not limited to, material that NoteGoat determines:

 

  • infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
  • cause NoteGoat to violate any law or regulation; and
  • objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  • is patently offensive or promotes or otherwise incites racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
  • posts information that poses or creates a privacy or security risk to any person;
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
  • involves commercial activities and/or sales without prior written consent from NoteGoat such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph or video of another person that you have posted without that person's consent; or
  • violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

 

Prohibited activities include, without limitation:

 

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • use the Service in connection with any direct or indirect commercial purposes,
  • unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
  • creating more than one account in order to avoid subscription fees;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from our services;
  • any automated use of our services, such as, but not limited to, using scripts to send messages or posts;
  • interfering with, disrupting, or creating an undue burden on our services or the networks or services connected to our services;
  • displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using our services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by NoteGoat, or sending messages with a commercial purpose;
  • activity unrelated or disruptive to our services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them a long time after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
  • using our services in a manner inconsistent with any applicable law.

 

NoteGoat does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. NoteGoat is not responsible for the use of any User Content by users or any third parties. We do not take responsibility for the output of any third party provider or AI generated content that NoteGoat provides or that you use.

 

You acknowledge and agree that NoteGoat reserves the right to, and may from time to time, monitor any and all information created on our Services for operational and other purposes.

 

NoteGoat may, at any time and without prior notice, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. If notified by a user that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, NoteGoat does not permit copyright-infringing activities on the Service.

 

9. Machine Learning. NoteGoat shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (“Usage Data”). The Service may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content and Usage Data (“Machine Learning”). Nothing in these Terms prohibits Company from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service. Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by Company or the Machine Learning generated in the course of providing the Service.

 

10. AI Generated Content and Output. You understand that when using the Service you will be exposed to AI generated content from a variety of sources and acknowledge that AI content and output may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against NoteGoat.

 

 

11. Communications.

 

11.1 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

11.2 Email. We may send you emails in the course of delivering the service to notify you for operational purposes. We may also send emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11.3 SMS/Text Messages. We may send you text (SMS) messages at the phone number you provide us. These messages may be used for two factor authentication or for service notifications. Standard data and message rates may apply when you send or receive such messages, as specified by your carrier. NoteGoat is not responsible for these charges.

 

12. Third Party Term. Third Party Services and Linked Websites. NoteGoat may provide tools through the Service that enable you to share your Notes and other information, including User Content, to third party services. By using one of these tools, you agree that NoteGoat may transfer that information to the applicable third party service. Third party services are not under NoteGoat’s control, and, to the fullest extent permitted by law, NoteGoat is not responsible for any third party service’s use of your shared information.

 

13. Repeat Infringers. NoteGoat will promptly terminate the accounts of users that are determined by NoteGoat to be repeat infringers.

 

14. Modification of these Terms. We reserve the right to change these Terms at any time. Please check these Terms periodically for any changes. We are not obligated to provide notice of changes to any of NoteGoat Privacy Policies, Terms of Service or any other changes to our sites.

 

15. Term, Termination and Modification of the Service

15.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2.

 

15.2 Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminate. In addition, NoteGoat may, at its sole discretion, terminate your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account at any time by contacting customer service at support@notegoat.ai.

 

15.3 Effect of Termination. Upon termination of your account: (a) you will no longer be authorized to access your account or the Service; (c) you must pay NoteGoat any unpaid amount that was due prior to termination.

 

15.4 Modification of the Service. NoteGoat reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Any description of our services provided by NoteGoat is not a representation that our services are working or will always work in that manner, as NoteGoat is continuously updating our services, and these updates may not always be reflected in the Terms of Service. NoteGoat will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

16. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify NoteGoat and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “NoteGoat Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature of content of Data processed by the Service; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

17. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NOTEGOAT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NOTEGOAT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NOTEGOAT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NOTEGOAT IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER DATA, CONTENT, USER COMMUNCIATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. NOTEGOAT MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR NOTEGOAT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NOTEGOAT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NoteGoat does not disclaim any warranty or other right that NoteGoat is prohibited from disclaiming under applicable law.

 

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOTEGOAT OR THE NOTEGOAT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NOTEGOAT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NOTEGOAT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO NOTEGOAT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.

 

19. Data

 

19.1 Privacy Policy. You acknowledge and agree that except as described in these Terms, any User Content, data, recordings, and information you enter into or upload to the Service or that we collect in connection with the Service (“Data”) will be processed as described in the NoteGoat Privacy Policy.

 

19.2 Data. As between you and NoteGoat, data that you enter into or upload to the Service is and will remain owned by you.  You hereby grant NoteGoat the right to collect, process, transmit, store, use, and disclose data to provide the Service and as otherwise set forth in these Terms and the NoteGoat Privacy Policy.

 

19.3 Use of Aggregated Data.  You acknowledge and agree that NoteGoat may collect, create, process, transmit, store, use, and disclose aggregated and/or deidentified data derived from Data or use of the Services (“Aggregated Data”) for its business purposes, including for machine learning and training, industry analysis, benchmarking, and analytics. All Aggregated Data will be in an aggregated and/or deidentified form only and will not identify you. Nothing in these Terms gives you any rights in or to any part of the Service or Aggregated Data.

 

19.4 Compliance. You are solely responsible (a) for Data as entered into, supplied, accessed, or used by you and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service.  You represent and warrant that you have obtained and will maintain all rights, consents, and authorizations required to grant NoteGoat the rights and licenses set forth in Section 7 and to enable NoteGoat to exercise its rights under the same without violation or infringement of the rights of any third party.

 

19.5 Information Security.  NoteGoat will employ commercially reasonable security measures that are designed to protect Personal Data in its possession or control against unlawful or unauthorized access, use, alteration, or disclosure.

 

20. Dispute Resolution and Arbitration

 

20.1 You and NoteGoat agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NOTEGOAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

20.5 Arbitrator. Any arbitration between you and NoteGoat will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

20.6 No Class Actions. YOU AND NOTEGOAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NoteGoat agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

21. Miscellaneous

 

21.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and NoteGoat regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

21.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and NoteGoat submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

 

21.3 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

21.4 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

21.5 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

 

22. Contact Information. The Service is offered by NoteGoat. You may contact us by emailing us at support@notegoat.ai.

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