Legal

Terms of Use

1. Agreement

These terms govern your use of the Notere application (the “App”) and the notere.app website (the “Site”), both operated by Kwarkly LLC, a company registered in California, USA (“Kwarkly”, “we”, “us”). By installing the App or using the Site, you agree to these terms. If you do not agree, do not use them.

2. Early access

Notere is in development. A free trial and a personal license with lifetime updates will be available when early access starts. Joining the waitlist signs you up to be notified when early access starts; it does not grant access to the App. A personal license purchased during early access includes lifetime updates to Notere, including after early access ends. Personal licenses purchased after early access include the current features and a year of updates from purchase. Features unlocked by a purchase, including those added during its update period, remain unlocked after that period ends. See Licensing for an explanation.

3. License

Renewal for further updates is optional. If you choose automatic renewal, canceling it stops future renewal payments without shortening the update period already purchased. Even if you cancel on the day of purchase, you retain the full paid update period, all features unlocked during it, and access to your data. The end of an update period or cancellation of renewal does not revoke your purchased license.

Subject to these terms, Kwarkly grants you a non-exclusive, non-transferable, revocable personal-use license to install and use the App on your devices. This license permits personal use only. Commercial use requires a separate commercial license. You may not redistribute, sell, rent, or sublicense the App, and you may not reverse engineer it except where applicable law permits this notwithstanding these terms.

4. Your content

Your notes and files are yours. They are stored as plain files on your devices and in storage you control; we claim no ownership of or rights over them, and — as described in the Privacy Policy — we never receive them. Because your content never passes through our systems, you are responsible for maintaining your own backups. The App works on ordinary files precisely so that no part of your data depends on us.

5. Third-party services

Optional App features connect to services you choose: your cloud storage provider for sync, your calendar providers (such as Microsoft), and huggingface.co for on-device AI model downloads. Your use of those services is governed by their own terms, and you are responsible for your accounts with them. We are not responsible for their availability or conduct.

6. Acceptable use

You agree not to use the App or Site for unlawful purposes, and not to abuse the Site (for example by submitting waitlist entries you are not authorized to submit, or attempting to disrupt the service).

7. Disclaimer of warranties

THE APP AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. PRE-RELEASE SOFTWARE MAY CONTAIN DEFECTS.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWARKLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM YOUR USE OF THE APP OR SITE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR FIFTY US DOLLARS (US $50).

9. Termination

You may stop using the App and Site at any time; your files remain yours and remain readable without the App. We may terminate your license if you materially breach these terms. Sections 4, 7, 8, and 10 survive termination.

10. Governing law

These terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in California.

11. Changes to these terms

We may update these terms; the current version will always be posted on this page with its effective date. Continued use after an update constitutes acceptance. Material changes will be called out in release notes.

12. Contact

Kwarkly[email protected]