Terms of Service
Effective Date: 23 July 2026
Provider: Noteastic OG, Anton-Baumgartner-StraĂe 44, C8/1504, 1230 Wien, Ăsterreich (FN 644438 d; UID ATU81638239)
Language: English (British)
1. Definitions and Interpretation
1.1 Definitions
In these Terms, capitalised expressions have the meanings set out below.
- âAccountâ means the user account that enables access to functions of the Services requiring authentication.
- âAppâ means the Noteastic handwritten note-taking application for Windows, including any updates, patches, or successor versions distributed by Us.
- âBase Planâ has the meaning set out in Section 7.1.
- âBeta Programmeâ means the optional programme through which You may receive early access to experimental features and related communications, as further described in Section 13.
- âBilling Cycleâ means the recurring period (monthly or annual) for which a Subscription is charged.
- âBilling Periodâ means a single occurrence of a Billing Cycle.
- âConsumerâ means a natural person acting for purposes that are wholly or mainly outside that personâs trade, business, craft, or profession.
- âContentâ means notes, drawings, annotations, PDF imports, and any other material that You create, import, or store using the App.
- âEffective Dateâ means the date stated at the head of these Terms.
- âGDPRâ means Regulation (EU) 2016/679 (General Data Protection Regulation).
- âGenerationâ means a release that We designate, acting reasonably and in good faith, as a new generation of the Pro offering by reason of a substantial expansion or rebuild of the product (for example, a future âNoteastic 2.0â), and which We make available as a separate product. A routine or incremental update to the existing product is not a new Generation. Generations are further addressed in Section 8.16(e).
- âInvoiceâ means a Stripe-hosted invoice document evidencing a transaction relating to a Subscription or other paid Service.
- âGoodwill Grantâ means a complimentary grant of Pro Plan access awarded by Us at Our discretion under Section 8.12.
- âMicrosoft Storeâ means the digital distribution platform operated by Microsoft Corporation, through which the App is distributed.
- âNoteasticâ, âWeâ, âUsâ, or âOurâ means Noteastic OG, the entity identified in Section 2.
- âOffline Pro Featuresâ means those Pro Plan features that operate locally on Your device without reliance on any back-end service operated by Us. As at the Effective Date, all Pro Plan features are Offline Pro Features.
- âOne-Time Purchaseâ or âOTPâ means a single, non-recurring payment by which You acquire a Perpetual Licence, as described in Section 8.15.
- âPayment Methodâ means a debit card, credit card, or other payment instrument accepted by Stripe and authorised by You for Subscription charges or a One-Time Purchase.
- âPerpetual Licenceâ means the licence to the Offline Pro Features of the Supported Version granted under Section 9.2a in consideration of a One-Time Purchase.
- âPlanâ means a tier of the Services. The Plans are the Base Plan and the Pro Plan.
- âPrivacy Policyâ means Our separately published Privacy Policy, available at https://www.noteastic.app/en/legal/privacy-policy.
- âPro Planâ has the meaning set out in Section 8.
- âPromotional Codeâ means a discount, voucher, coupon, or similar code issued by Us in accordance with Section 8.10.
- âServer-Backed Featureâ means any Pro Plan feature that requires a back-end service operated by Us in order to function, such as (if and when introduced) synchronisation, cloud storage, artificial-intelligence, or collaboration features.
- âServicesâ means the App together with any related back-end services We operate, including account authentication, telemetry ingestion, Subscription handling, and Website functionality at noteastic.app and its subdomains.
- âStripeâ means Stripe Payments Europe Limited, an Irish entity within the Stripe group of companies, acting as Our payment processor.
- âSubscriptionâ means a recurring agreement to access the Pro Plan in exchange for a Subscription Fee billed each Billing Cycle.
- âSubscription Feeâ means the periodic fee payable by You under a Subscription.
- âSupported Versionâ has the meaning given in Section 8.16(d).
- âTrial Periodâ means the period of free Pro Plan access set out in Section 8.4.
- âUserâ, âYouâ, or âYourâ means the natural person who installs, accesses, or uses the Services.
- âWebsiteâ means the website located at noteastic.app and its subdomains.
1.2 Interpretation
(a) Headings are for convenience only and do not affect interpretation. (b) References to a Section are to a section of these Terms unless stated otherwise. (c) The singular includes the plural and the plural includes the singular. (d) âIncludingâ, âfor exampleâ, and similar expressions are illustrative and do not limit the scope of the words preceding them. (e) References to a statute or statutory provision include any amendment, replacement, or re-enactment of that statute or provision.
2. Identity of the Provider
The Services are provided by:
Noteastic OG
Anton-Baumgartner-StraĂe 44, C8/1504
1230 Wien, Ăsterreich
- Firmenbuch (Companies Register) Number: FN 644438 d (Handelsgericht Wien)
- UID-Nummer (VAT identification number): ATU81638239
- General contact: office@noteastic.app
- Privacy contact: privacy@noteastic.app
Noteastic OG is an Offene Gesellschaft (general partnership) constituted under Austrian law.
3. Scope and Acceptance
3.1 Scope
These Terms govern Your use of the Services. They form a binding legal agreement between You and Us.
3.2 Acceptance on first use
By creating an Account, installing the App, or otherwise using the Services, You accept these Terms and Our Privacy Policy. Acceptance is captured through the first-launch dialog presented within the App, which requires You to confirm that You have read and agree to these Terms and Our Privacy Policy before further use.
3.3 Acceptance at checkout
By initiating a Subscription or making a One-Time Purchase, You separately accept the additional provisions relating to paid Services set out in Sections 8, 14, 15, and 19, and confirm that You have read the Privacy Policy provisions relating to billing data.
3.4 Consumer status
If You are a Consumer, these Terms preserve all of Your rights under applicable mandatory consumer-protection law in Your country of residence. Nothing in these Terms excludes or limits any right that may not lawfully be excluded or limited.
4. Eligibility
4.1 Minimum age
You must be at least sixteen (16) years of age to use the Services. By using the Services, You represent and warrant that You meet this age requirement.
4.2 Higher local age threshold
If applicable law in Your country of residence imposes a higher minimum age for the use of online services or for the provision of personal data, that higher age applies to You. We do not operate an age-verification mechanism.
4.3 Consequences of underage use
If We become aware that an Account is held by a person under the applicable minimum age, We will close the Account and delete the associated personal data without undue delay, in accordance with the Privacy Policy.
5. Accounts
5.1 Account creation
You may create an Account using:
(a) an email address and password; or (b) the Google OAuth sign-in mechanism; or (c) the Microsoft OAuth sign-in mechanism.
Where the Account is created under paragraph (a), email-address verification is required before the Account becomes fully active. Where the Account is created through an OAuth sign-in mechanism (paragraphs (b) and (c)), no separate verification step is required, as the email address has already been confirmed by the relevant provider.
5.2 Your responsibilities
You agree to:
(a) provide accurate, current, and complete information when creating Your Account, and to keep that information updated; (b) keep Your access credentials confidential and not disclose them to any third party; (c) be responsible for all activity occurring under Your Account; and (d) notify Us without undue delay at office@noteastic.app if You become aware of any unauthorised access to, or use of, Your Account.
5.3 No account sharing
Each Account is personal to a single natural person. You must not share Your Account with another person or allow another person to access Your Account. This restriction applies to both the Base Plan and the Pro Plan.
5.4 Telemetry prior to Account creation
The App collects limited Telemetry (as defined in the Privacy Policy) from the device on which it is installed before and independently of Account creation. The categories of Telemetry, their legal basis under the GDPR, and their retention period are set out in the Privacy Policy.
6. Description of the Services
6.1 The App
The Services consist primarily of the Noteastic App, a handwritten note-taking application for Windows distributed via the Microsoft Store. Content created using the App is stored locally on Your device, as further described in Section 11.
6.2 Plans
The Services are offered in two Plans:
(a) the Base Plan (Section 7), made available free of charge; and (b) the Pro Plan (Section 8), made available on payment of a Subscription Fee or, where We offer it, by way of a One-Time Purchase (Section 8.15).
6.3 Modifications to the Services
Subject to Section 8.7, Section 8.9, Section 8.16(f), and Section 19.5, We may:
(a) add new features to either Plan; (b) remove, restrict, suspend, or modify any feature of the Base Plan, without prior notice and without compensation; (c) remove, restrict, suspend, or modify any feature of the Pro Plan for an objectively justified reason â in particular to adapt to technical developments, to security requirements, to changed terms of upstream providers (Section 20.2), or to a change in the law â provided that the modification, taking Our interests into account, does not unreasonably disadvantage You. Such a modification takes effect at the earliest from the start of the next Billing Period; a modification required without delay by applicable law, by binding regulatory order, or by a security or operational emergency remains reserved; and (d) where a modification under paragraph (c) removes a feature essential to the Pro Plan and the value of Your current Subscription is thereby materially diminished, You may cancel the Subscription with effect from the date on which the modification takes effect; We will refund the portion of the Subscription Fee attributable to the unused part of the current Billing Period. Your mandatory warranty rights remain unaffected.
No feature of the Services is guaranteed to remain available or unchanged.
7. The Base Plan
7.1 Scope of the Base Plan
The Base Plan provides access to the core functionality of the App. The features included in the Base Plan from time to time are listed in the App and on the Website pricing page. We reserve the right to vary the contents of the Base Plan in accordance with Section 6.3.
7.2 No charge
The Base Plan is provided free of charge. We are under no contractual obligation to provide advance notice of changes to the Base Plan, and the Base Plan or any feature thereof may be modified or discontinued at any time.
7.3 Permitted use
The Base Plan licence permits both personal and commercial use, as set out in Section 9.1.
8. The Pro Plan and Subscriptions
8.1 Scope of the Pro Plan
The Pro Plan provides access to the Base Plan together with the additional features identified in the App and on the Website pricing page as Pro-only features. We may add further features to the Pro Plan at any time. The composition of the Pro Plan may otherwise be varied in accordance with Section 6.3.
8.2 Pricing and currency
(a) The Pro Plan is offered in two Billing Cycles: monthly and annual. (b) Prices are quoted in Euro (EUR) and in United States Dollars (USD), inclusive of any applicable VAT, sales tax, or equivalent. The price quoted is the final amount payable by You. (c) At checkout, Stripe may offer You the option to pay in Your local currency. Where You accept that option, the conversion rate and any associated fees are determined by Stripe and Your card issuer. We have no influence over those rates or fees. (d) Current Pro Plan prices are published on the Website pricing page and are presented to You again at checkout before You confirm Your Subscription.
8.3 VAT and tax
(a) For Subscribers in the European Union, We charge VAT at the rate applicable in Your Member State of residence. (b) For Subscribers outside the European Union, any applicable VAT, sales tax, or equivalent is included in the quoted USD price and is not added at checkout. Where chargeable, such tax is determined by Stripe Tax based on the billing information You provide and is remitted by Us. (c) Each Invoice shows the net amount, the tax rate applied, the tax amount, and the gross amount.
8.4 Trial Period
(a) Where We offer a Trial Period in connection with a new Subscription, the duration of the Trial Period is thirty (30) days and applies equally to monthly and annual Subscriptions. (b) You must provide a valid Payment Method at the commencement of the Trial Period. (c) Unless You cancel the Subscription before the end of the Trial Period, Your Subscription will automatically convert to a paid Subscription at the end of the Trial Period and the Subscription Fee for the first Billing Period will be charged to Your Payment Method. (d) Stripe will send You a reminder before the end of the Trial Period. (e) Trial Periods are available only to Users who have not previously held a Trial Period or a paid Pro Plan Subscription on the same Account.
8.5 Automatic renewal
(a) Each Subscription renews automatically at the end of each Billing Period for a further Billing Period of the same length, at the Subscription Fee then in effect, unless cancelled in accordance with Section 8.6. (b) Stripe sends a renewal reminder to the email address associated with the Account no later than seven (7) days before each renewal date.
8.6 Cancellation by You
(a) You may cancel a Subscription at any time, with or without reason, through the Stripe Customer Portal. You can reach the Stripe Customer Portal (i) via the account page at web.noteastic.app or (ii) from within the App.
(b) A cancellation takes effect at the end of the then-current Billing Period. Until that date, You retain access to the Pro Plan.
(c) Cancellation does not entitle You to a refund of any Subscription Fee already paid for the current Billing Period, save where a refund is required by applicable mandatory law (in particular Section 14) or arises under Section 19.5.
8.7 Plan changes
(a) You may switch between the monthly and the annual Billing Cycle, or upgrade from the Base Plan to the Pro Plan, at any time. (b) Upgrades and changes of Billing Cycle take effect at the end of the current Billing Period. The new Plan and the new Billing Cycle commence at the start of the next Billing Period. We do not prorate Subscription Fees between Plans or Billing Cycles, and We do not refund unused portions of the current Billing Period on a Plan change. (c) A change from the Pro Plan to the Base Plan takes effect at the end of the current Billing Period and is subject to Section 8.9.
8.8 Failed payment and dunning
(a) Where a Subscription Fee cannot be successfully charged to Your Payment Method on the due date, Stripe will attempt further charges in accordance with its standard retry schedule. (b) During the retry process, We grant a grace period of fifteen (15) days during which You retain access to the Pro Plan and may update Your Payment Method via the Stripe Customer Portal. (c) On expiry of the grace period without successful payment, the Subscription is treated as cancelled and the Account is downgraded to the Base Plan. No refund is owed.
8.9 Effect of downgrade on Pro-only Content
(a) On downgrade from the Pro Plan to the Base Plan, whether following cancellation, failed payment, expiry, or otherwise, content elements that You created using Pro-only features remain stored on Your device and continue to be visible within the App. (b) Interaction with such elements is restricted to the capabilities of the Base Plan. (c) Locally stored Content is not deleted or altered by the downgrade itself.
8.10 Promotional Codes
(a) We may from time to time issue Promotional Codes that entitle the holder to a discount, an extended Trial Period, or another benefit relating to the Pro Plan. (b) Each Promotional Code is subject to the specific terms of its issuance, including any expiry date, eligibility criteria, and usage limit. Where there is a conflict between the terms of issuance of a Promotional Code and these Terms, the terms of issuance prevail in respect of that Promotional Code only. (c) Promotional Codes have no cash value, cannot be exchanged for cash or credit, are not transferable, and may be withdrawn or cancelled by Us at any time prior to redemption. (d) Nothing in this Section creates an entitlement to receive a Promotional Code.
8.11 Price changes
(a) We may change the Subscription Fee or any element of Pro Plan pricing for future Billing Periods. A price change takes effect at the earliest from the start of the next Billing Period and no earlier than two months after conclusion of the contract. (b) We will announce the change no less than thirty (30) calendar days in advance (and, where reasonably practicable, up to sixty (60) days in advance) by email to the email address associated with the Account. The announcement states the existing fee, the new fee, and the date on which the change takes effect. (c) If You do not agree to the change, You may cancel the Subscription in accordance with Section 8.6 before the new fee takes effect; if You do not cancel, the new fee applies from the next Billing Period. A price change never takes effect within a Billing Period that has already been paid for. (d) Your mandatory rights under Sections 18.1 and 18.4 and Your warranty rights remain unaffected.
8.12 Goodwill Grants
(a) We may, at Our sole discretion, award a Goodwill Grant of complimentary Pro Plan access to selected individuals. (b) A Goodwill Grant is provided free of charge. It is not a Subscription or a One-Time Purchase, and is provided âas isâ, with no warranty beyond what mandatory law requires for the gratuitous provision of digital content. (c) Except where a Goodwill Grant is supported by a separate written contract specifying its duration or consideration, We may revoke it at any time, on reasonable notice, without compensation. (d) A Goodwill Grant is personal to the recipient and is not transferable. The recipient otherwise uses the App under these Terms.
8.13 Pro Plan entitlement and account binding
(a) A Subscription is issued for the use of a single natural person. (b) That natural person may use the Pro Plan across an unlimited number of devices, provided that on each device the Pro Plan is accessed only by that same natural person under the same Account. (c) Where the Pro Plan is purchased on behalf of, or for the benefit of, employees, contractors, or other representatives of a legal entity, a separate Subscription is required for each such natural person. (d) A Subscription may be transferred between Accounts only where We are satisfied that both Accounts are held by the same natural person. We may require evidence of identity for this purpose.
8.14 Billing communications
(a) By initiating a Subscription or making a One-Time Purchase, You consent to receive from Us and from Stripe transactional communications relating to the Subscription or One-Time Purchase, including: order confirmations, Invoices, receipts, renewal reminders, payment-failure notices, Trial-Period-ending notices, expiring-card notices, cancellation confirmations, refund confirmations, and price-change notices. (b) These communications are sent to the email address associated with the Account and are necessary for the performance of the Subscription or One-Time Purchase contract. They are not marketing communications and are not subject to the marketing-consent provisions in Our Privacy Policy.
8.15 One-Time Purchase (availability and conclusion)
(a) In addition to Subscriptions, We may make the Pro Plan available by way of a One-Time Purchase, being a single, non-recurring payment in consideration of which We grant a Perpetual Licence to the Offline Pro Features under Section 9.2a.
(b) The One-Time Purchase is not generally available and is not offered as a standard purchasing option alongside Subscriptions. We make it available at Our sole discretion and on a selective basis, including to selected Users or by means of a code, and it is otherwise not displayed. We may offer, restrict, or withdraw the availability of the One-Time Purchase at any time and for any reason. Any withdrawal of availability does not affect a Perpetual Licence already acquired.
(c) The price of a One-Time Purchase is a single payment in the amount displayed to You at checkout; the price quoted is the final amount payable by You. Section 8.2(b) (all-inclusive pricing), Section 8.2(c) (local-currency payment), and Section 8.3 (VAT and tax) apply to a One-Time Purchase as they apply to a Subscription.
(d) A One-Time Purchase is processed through Stripe Checkout in the same manner as a Subscription. The One-Time Purchase is concluded when payment is completed, whereupon the Perpetual Licence takes effect and access to the Offline Pro Features is made available to You immediately.
8.16 Scope of a Perpetual Licence
(a) Offline features only. A Perpetual Licence entitles You to use the Offline Pro Features of the Supported Version on a perpetual basis, subject to these Terms and to the entitlement rules in Section 8.17.
(b) Server-Backed Features excluded. A Perpetual Licence does not include any Server-Backed Feature. If We introduce a Server-Backed Feature, it is made available only under a Subscription. Section 8.17(b) governs the position of a holder of a Perpetual Licence who also subscribes and whose Subscription later ends.
(c) Updates. A Perpetual Licence includes all updates that We make generally available to the Supported Version, with no time limit â including maintenance updates, security updates, and new Offline Pro Features that We add to the Supported Version â for as long as We continue to distribute the Supported Version. There is no update window and no expiry. This Section is subject to Section 8.16(e): a new Generation is not part of the Supported Version and is not included.
(d) Supported Version. âSupported Versionâ means the current released build of the Generation You purchased. Within a Generation the App is a single, continuously updated application, and You are entitled to that continuous stream of updates (Section 8.16(c)) for as long as We distribute the Generation. A release that We designate as a new Generation under Section 8.16(e) is a separate product and is not part of Your Supported Version. Updates to Your Supported Version cease only where (i) We discontinue the App or the Generation entirely (in which case Section 9.2a(d) applies), or (ii) continued provision becomes impossible for reasons outside Our reasonable control, including changes to the Windows operating system or to the Microsoft Store.
(e) Generations. We reserve the right to release a new Generation of the Pro offering and to make it available as a separate paid product. A Perpetual Licence entitles You to the Offline Pro Features of the Supported Version only and does not entitle You to a new Generation.
(f) No claw-back. The Offline Pro Features included in Your Perpetual Licence at the time of Your One-Time Purchase will not subsequently be withdrawn from Your entitlement, nor made subject to a further payment, as a result of any later change to Our pricing or plan structure.
8.17 Perpetual Licence entitlement, binding, and fallback
(a) A Perpetual Licence is issued for the use of a single natural person. That person may use the Offline Pro Features across an unlimited number of devices, provided that on each device they are accessed only by that same natural person under the same Account. Where a Perpetual Licence is acquired for the benefit of employees, contractors, or other representatives of a legal entity, a separate Perpetual Licence is required for each such natural person.
(b) Single entitlement and fallback. You may hold only one type of Pro entitlement at any one time. Where You hold a Perpetual Licence and also take out a Subscription, and that Subscription subsequently ends for any reason, Your access does not fall to the Base Plan but reverts to the Offline Pro Features covered by Your Perpetual Licence.
(c) Transfer. A Perpetual Licence may be transferred to another person. To effect a transfer, You must send Us a request by email to office@noteastic.app; on transfer, the Perpetual Licence is re-bound to the transfereeâs Account and ceases to be exercisable from Yours. The prohibition in Section 9.3(g) on transferring a Subscription, and the same-person condition in Section 8.13(d), do not apply to a Perpetual Licence. Section 5.3 (no simultaneous Account sharing) continues to apply, and We may decline to give effect to a transfer where We reasonably suspect fraud or abuse.
8.18 Withdrawal and refunds for a One-Time Purchase
The statutory right of withdrawal in Section 14 applies to a One-Time Purchase. Save for that right and any refund required by mandatory law, no refund of a One-Time Purchase is owed, consistent with Section 14.4.
9. Licence Grant (End-User Licence)
9.1 Licence to the Base Plan
Subject to Your continuing compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable licence, revocable in accordance with Section 9.5, to install and use the App on devices authorised under the Microsoft Store licence applicable to Your acquisition of the App, for both personal and commercial use, in accordance with these Terms.
9.2 Licence to the Pro Plan
(a) For the duration of an active Subscription (including, for the avoidance of doubt, any Trial Period and any unrevoked Goodwill Grant), We additionally grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Pro Plan features, subject to the entitlement and account-binding rules in Section 8.13. This licence terminates or becomes revocable exclusively in accordance with Sections 9.2(c), 9.5, and 19; it will not be withdrawn without cause during a paid Billing Period. (b) The Pro Plan licence may be used for both personal and commercial use, subject to Section 8.13(c) (one Subscription per natural person). (c) On expiry of, or downgrade from, the Pro Plan, the Pro Plan licence terminates automatically; the Base Plan licence under Section 9.1 continues unaffected.
9.2a Perpetual Licence (One-Time Purchase)
(a) In consideration of a One-Time Purchase, We grant You a limited, non-exclusive, non-sublicensable, perpetual licence to install and use the Offline Pro Features of the Supported Version, for both personal and commercial use, subject to these Terms and in particular to Sections 8.15 to 8.18 and to the entitlement rules in Section 8.17.
(b) The Perpetual Licence is not conditional on any Subscription. For the avoidance of doubt, Section 9.2(c) does not apply to the Perpetual Licence: the Perpetual Licence does not terminate on the expiry of, or downgrade from, any Subscription.
(c) Activation. Use of the Offline Pro Features under a Perpetual Licence is bound to Your Account and verified by an online entitlement check. Where that check cannot be completed temporarily, full functionality is retained for a grace period rather than the App locking. If the check is still unsuccessful after the grace period, the App reverts to Base Plan functionality until the check next succeeds, whereupon full functionality is restored. A temporary failure of the entitlement check does not terminate or impair the Perpetual Licence.
(d) Permanent discontinuation of the entitlement service (offline fallback). If We permanently discontinue the online entitlement service, We will use commercially reasonable efforts to ensure that the Offline Pro Features covered by Your Perpetual Licence remain usable without the online entitlement check, for example by providing an offline-unlock update. This Section 9.2a(d) applies only to permanent discontinuation and not to temporary outages, which are addressed in Section 9.2a(c).
9.3 Restrictions
You must not, and must not permit any third party to:
(a) copy, reproduce, or redistribute the App or any part of it, except as permitted by the Microsoft Store or by mandatory law; (b) sell, rent, lease, sublicense, time-share, or otherwise commercially exploit the App; (c) modify, translate, adapt, or create derivative works of the App; (d) reverse-engineer, decompile, or disassemble the App, except to the extent that such activity is expressly permitted by mandatory Austrian or European Union law (in particular § 40e UrhG and Article 6 of Directive 2009/24/EC) and only after a prior written request to Us has been made and refused or unanswered for a reasonable period; (e) remove, alter, or obscure any proprietary notices, trade marks, or labels contained in or on the App; (f) circumvent, disable, or otherwise interfere with any security, licensing, authentication, or access-control mechanism of the App or the Services, including any mechanism that distinguishes Base Plan access from Pro Plan access; (g) share, lend, lease, or otherwise transfer Your Account, login credentials, or Subscription to any other person; or (h) use the App in violation of these Terms, applicable law, or the terms governing the Microsoft Store.
9.4 Reservation of rights
All rights not expressly granted to You under these Terms are reserved by Us. These Terms do not transfer or grant to You any right, title, or interest in or to the App, the Services, or any of Our intellectual property.
9.5 Termination of licence
The licence under this Section 9 terminates automatically:
(a) on termination of Your Account under Section 19; (b) on Your material breach of these Terms; or (c) on the cessation of Our right to distribute the App.
In respect of a Perpetual Licence, paragraph (c) is subject to Section 9.2a(d) (offline fallback on permanent discontinuation).
On termination, You must cease all use of the App and, where reasonably practicable, uninstall it.
10. Acceptable Use
You must not use the Services to:
(a) act unlawfully or further any illegal activity; (b) create, store, or transmit Content that infringes the rights of others or that is unlawful under applicable law; (c) gain or attempt to gain unauthorised access to the Services, to other Usersâ Accounts, or to any system or network connected to the Services; (d) probe, scan, or test the vulnerability of the Services, or breach any security or authentication measure; (e) interfere with or disrupt the operation of the Services, including by way of denial-of-service attack, the introduction of malicious code, or abusive automation; (f) engage in large-scale automated access (including scraping, bulk data extraction, or crawling) beyond what is reasonably necessary for ordinary use of the App; (g) create Accounts by automated means or in bulk; (h) impersonate any person or entity, or misrepresent Your affiliation with any person or entity; (i) circumvent any restriction, fair-use limit, geographic limit, or Plan-feature gate; (j) abuse referral mechanisms, promotional offers, or Promotional Codes; or (k) use the Services to benchmark them for competitive purposes or to develop a competing product.
11. Your Content; Local Storage
(a) All Content You create, import, or store using the App is stored locally on Your own device. The App does not synchronise Content to Our servers, and We do not operate any cloud-storage or cloud-sync functionality for Content. (b) You retain all rights, title, and interest in and to Your Content. We do not claim any licence over Your Content. (c) You are solely responsible for maintaining backups of Your Content. We are not responsible for any loss, corruption, or inaccessibility of Content stored locally on Your device, except where caused by Our intent or gross negligence (see Section 18). (d) Termination of Your Account and downgrade of Your Plan do not by themselves delete locally stored Content. Uninstalling the App, by contrast, results in the loss of locally stored Content unless You have first made a backup; You are responsible for maintaining backups under Section 11(c).
12. Intellectual Property
12.1 Our rights
The App, the Services, the Website, and all related materials (including software, source and object code, design, graphics, copy, layout, sound, branding, logotypes, and all related intellectual property) are owned by Us or by Our licensors. These rights are protected by intellectual property laws and treaties in Austria, the European Union, and worldwide.
12.2 Trade marks
âNoteasticâ and the Noteastic logo are trade marks of Noteastic OG. You must not use them without Our prior written consent, save as expressly permitted by these Terms or by mandatory law.
12.3 Third-party rights
Certain elements of the App incorporate third-party software, fonts, or materials made available under their own licence terms. The relevant notices and licence texts are accessible from the âAboutâ section within the App and are addressed in Section 21.
12.4 Feedback
(a) âFeedbackâ means suggestions, ideas, improvement proposals, feature requests, ratings, bug reports, and other feedback about the Services that You submit to Us, in particular via the in-App feedback function, by email, or in the Beta Programme. Feedback does not include Your Content; Section 11 is unaffected.
(b) You retain all rights in Your Feedback. You grant Us, however, in respect of any Feedback You submit, a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable licence to use, reproduce, adapt, modify, publish, exploit, and incorporate the Feedback, in whole or in part, into the Services or into other products and services, for any purpose and without any obligation to attribute or compensate You.
(c) We are under no obligation to use, implement, or respond to Feedback. Feedback is deemed non-confidential; You should not send Us Feedback that You wish to keep confidential or in which third parties hold rights that You are not entitled to grant.
(d) You warrant that You are entitled to submit the Feedback and to grant the licence in paragraph (b), and that Your Feedback does not infringe any third-party rights.
13. Beta Programme
13.1 Voluntary participation
The Beta Programme is entirely voluntary. You may opt in and opt out at any time. Every communication We send under the Beta Programme contains an unsubscribe mechanism.
13.2 Nature of beta features
Beta features are experimental and are provided on the express understanding that they may be:
(a) incomplete, unstable, or unreliable; (b) withdrawn or altered at any time without notice; (c) incompatible with other features or prior versions of the App; or (d) less performant than the general-availability version of the App.
Participation in the Beta Programme carries no entitlement to any particular feature becoming generally available, remaining available, or being made available on a particular Plan.
13.3 Telemetry from beta participation
To evaluate the stability, performance, and quality of beta features, We may collect additional telemetry from devices on which beta features are used. The categories of telemetry and their legal basis are described in the Privacy Policy.
13.4 As-is nature
The warranty disclaimer in Section 17 and the limitation of liability in Section 18 apply with particular force to beta features. You use beta features at Your own risk.
14. Right of Withdrawal (Consumers)
14.1 Statutory right
If You are a Consumer resident in the European Union or the European Economic Area, You have the right to withdraw from a Subscription or a One-Time Purchase, without giving any reason, within fourteen (14) calendar days from the day on which the Subscription or One-Time Purchase was concluded. This right exists under Directive 2011/83/EU and, for Consumers domiciled in Austria, under the Fern- und Auswärtsgeschäfte-Gesetz (FAGG). The right applies in full even where the Pro Plan or the Offline Pro Features are made available to You immediately upon conclusion, and We do not ask You to waive it.
14.2 How to exercise the right
To exercise the right of withdrawal, You must inform Us of Your decision by an unequivocal statement (for example, by email to office@noteastic.app). You may use the model withdrawal form set out in the Annex to these Terms; its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that You send Your communication concerning the exercise of the right of withdrawal before the 14-day period has expired.
14.3 Effects of withdrawal
If You withdraw from a Subscription or a One-Time Purchase within the 14-day period, We will reimburse all payments received from You in respect of that Subscription or One-Time Purchase, without undue delay and in any event not later than fourteen (14) days from the day on which We are informed of Your decision to withdraw. Reimbursement is made through Stripe to the original Payment Method. You will not incur any fees as a result of the reimbursement.
14.4 No additional voluntary refund
Beyond the statutory right of withdrawal described in this Section 14 and the limited circumstances set out in Sections 6.3(d), 19.5, and 22.4, We do not operate any voluntary money-back guarantee, satisfaction guarantee, or refund policy. A refund in an individual case at Our discretion remains unaffected; it is made voluntarily, creates no entitlement, and creates no refund policy for other cases.
15. Invoicing and Statutory Records
15.1 Invoice generation
Stripe issues Invoices for Subscription Fees, One-Time Purchase payments, payment-failure events, refunds, and other Subscription- or One-Time-Purchase-related transactions. Invoices are available to You through the Stripe Customer Portal.
15.2 Statutory retention
Notwithstanding any other provision of these Terms or of Our Privacy Policy, We retain billing records and Invoices for seven (7) years from the end of the financial year in which the underlying transaction was completed, in accordance with § 132 of the Austrian Federal Tax Code (Bundesabgabenordnung).
15.3 Effect of Account termination on billing records
The retention obligation in Section 15.2 survives termination, closure, or deletion of Your Account. Where Your Account is deleted during a paid Billing Period, the Pro Plan entitlement is forfeited (Section 19.3); the underlying billing records are retained for the statutory period.
16. Distribution via the Microsoft Store
16.1 Distribution channel
The App is distributed exclusively through the Microsoft Store. Your acquisition and use of the App is subject to the terms governing the Microsoft Store, including the Microsoft Store Standard Application Licence Terms, in addition to these Terms.
16.2 Pro Plan sold outside Microsoft Store in-app purchase
The Pro Plan is sold by Us via Stripe Checkout, a payment-processing service provided by Stripe. The transaction does not occur through Microsoft Store in-app purchase. We disclose Our use of a third-party payment provider to Microsoft as required by current Microsoft Store policies, and Stripe is identified as the payment processor at the point of transaction within the App or the Website.
16.3 No Microsoft refund channel for Pro Plan
Refunds, withdrawals, and Subscription disputes relating to the Pro Plan are handled by Us through Stripe. Microsoft does not process refunds for Pro Plan transactions and is not responsible for any aspect of the Pro Plan beyond distribution of the App itself.
16.4 Conflict with Microsoft Store terms
In the event of conflict between these Terms and the Microsoft Store Standard Application Licence Terms in respect of the distribution of the App, the Microsoft Store terms prevail to the extent of the conflict.
17. Disclaimer of Warranty; Service Availability
(a) To the maximum extent permitted by applicable law, and subject to Your mandatory statutory rights as a Consumer:
(i) the Services are provided âas isâ and âas availableâ; (ii) We make no warranty that the Services will be uninterrupted, error-free, secure against all threats, or free from defects; (iii) We make no warranty that the Services will be fit for any particular purpose or that they will produce any specific result; and (iv) We make no warranty regarding the accuracy, completeness, reliability, or timeliness of any output produced through the Services.
(b) This Section does not limit or exclude any statutory warranty right (Gewährleistung) to which You are entitled as a Consumer under Austrian or European Union law or under the mandatory law of Your country of residence.
(c) We do not guarantee any particular level of service availability, response time, or uptime. We may suspend, withdraw, restrict, or discontinue all or any part of the Services for operational, security, legal, or commercial reasons, subject to Section 6.3 and Section 19.5.
18. Limitation of Liability
18.1 Mandatory liability preserved
Nothing in these Terms excludes or limits Our liability for:
(a) damages caused by Our intent or gross negligence; (b) injury to life, body, or health resulting from Our negligent or wilful breach of duty; (c) liability under mandatory product-liability legislation (in particular the Austrian Produkthaftungsgesetz); (d) liability that cannot, as a matter of mandatory law, be excluded or limited (including under the Austrian Konsumentenschutzgesetz where applicable to Consumers); or (e) liability arising under any guarantee We expressly give for the quality of the App.
18.2 Aggregate cap
To the maximum extent permitted by applicable law and subject to Section 18.1, Our aggregate cumulative liability arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), under statute, or otherwise, shall not exceed the greater of:
(a) one hundred Euros (âŹ100); or (b) the total Subscription Fees actually paid by You to Us during the twelve (12) months immediately preceding the event giving rise to the liability.
The limitation in this Section 18.2 does not apply to the slightly negligent breach of an obligation whose performance is a precondition of the proper execution of the contract and on whose observance You may regularly rely; in that case, We are liable for the typical, foreseeable damage.
18.3 Excluded damages
To the maximum extent permitted by applicable law and subject to Section 18.1, We are not liable for:
(a) ordinary negligence, except where mandatory law requires otherwise; (b) indirect, incidental, consequential, exemplary, or special damages; (c) loss of profit, loss of goodwill, loss of business, loss of anticipated savings, or loss of business opportunity; (d) loss, corruption, or inaccessibility of Content stored locally on Your device; or (e) loss arising from circumstances within the scope of Section 20 (Force Majeure).
18.4 Statutory rights of Consumers
The limitations in this Section 18 do not affect any non-excludable rights of Consumers under Austrian or European Union law or under the mandatory law of Your country of residence, including the right to redress for non-conformity under Directive (EU) 2019/770 (Digital Content Directive) and its national implementations.
19. Termination and Suspension
19.1 Termination by You
(a) You may close Your Account at any time through the in-App Account-deletion function. On closure, server-side Account data is deleted in accordance with the Privacy Policy, subject to the statutory retention carve-out in Section 15.2. (b) You may cancel a Subscription independently of Account closure in accordance with Section 8.6.
19.2 Termination by Us
(a) We may terminate or suspend Your Account, Your Subscription, or Your access to all or any part of the Services, with or without prior notice, where:
(i) You are in material breach of these Terms, including Section 10 (Acceptable Use), Section 9.3 (Licence Restrictions), or Section 5.3 (No Account Sharing); (ii) We have a reasonable basis to suspect that You are using the Services for unlawful, fraudulent, or abusive purposes, including credit-card fraud, chargebacks initiated in bad faith, or evasion of Subscription Fees; (iii) You pose a credible security threat to the Services or to other Users; or (iv) We are required to do so by applicable law or by binding order of a competent authority.
(b) We will, where practicable and lawful, give You reasonable advance notice of a termination under (a). Where We do not, We will state Our reasons on request.
19.3 Account closure during a paid Billing Period
If You close Your Account during a Billing Period for which Subscription Fees have been paid, the Pro Plan entitlement is forfeited from the date of closure and no refund is owed in respect of the unused portion of the Billing Period, save where a statutory right under Section 14 applies. Where You close Your Account, any Perpetual Licence bound to that Account ceases to be exercisable from that Account and no refund of the One-Time Purchase is owed; however, where You provide Us with reasonable evidence that You acquired the Perpetual Licence, You may request that We re-bind it to another Account held by You as the same natural person, and We will give effect to that request within a reasonable time.
19.4 Account inactivity
We may close an Account that has been inactive for more than twenty-four (24) consecutive months, on no less than thirty (30) daysâ prior notice sent to the Account email address. Active Subscriptions are not affected by this Section.
19.5 Service or Plan discontinuation
(a) We may, in Our sole discretion, discontinue the Services, a Plan, or any feature of a Plan at any time. (b) Where such discontinuation occurs during a paid Billing Period and materially diminishes the value of the Pro Plan that You have prepaid for, We will refund the pro-rata portion of the Subscription Fee corresponding to the unexpired portion of the Billing Period. Further mandatory warranty and damages claims to which You are entitled as a Consumer under Austrian or European Union law or under the mandatory law of Your country of residence remain unaffected (see Sections 18.1, 18.4, and 17(b)). Within the limits of the law, We owe no further compensation for the discontinuation as such. (c) Sections 18.1 and 18.4 are not affected by this Section 19.5.
19.6 Effect of termination
On termination of Your Account by either party:
(a) the licence granted under Section 9 terminates automatically; (b) Your access to the Account ends; (c) server-side Account data is deleted in accordance with the Privacy Policy, save for data retained under Section 15.2; and (d) locally stored Content remains on Your device, undeleted by Us.
19.7 Survival
Sections 1, 11(c), 12, 14 (in respect of withdrawals exercised before termination), 15, 17, 18, 19, 20, 23, 24, 24a, and 25 survive termination of these Terms.
20. Force Majeure
20.1 General
We are not liable for any failure to perform, or delay in performing, any obligation under these Terms to the extent that the failure or delay is caused by an event beyond Our reasonable control.
20.2 Examples
Events beyond Our reasonable control include, without limitation:
(a) failure, degradation, outage, or termination of services provided by Microsoft Corporation (including the Microsoft Store), Microsoft Azure, Stripe, Syncfusion, or other upstream service providers on which the Services depend; (b) failure or unavailability of internet infrastructure, DNS resolution, or any third-party network outside Our control; (c) denial-of-service attacks, distributed denial-of-service attacks, and other malicious cyberattacks; (d) acts of God, natural disaster, fire, flood, earthquake, or extreme weather; (e) epidemic, pandemic, or quarantine measures imposed by a public authority; (f) war, terrorism, civil unrest, riot, embargo, or sanction; (g) acts of government or regulatory authority that materially impede Our performance; and (h) the unavailability of essential supplies, labour, or utilities.
20.3 Effect
This Section 20 does not excuse liability arising from Our intent or gross negligence, nor does it limit liability that cannot lawfully be limited (see Section 18.1).
21. Third-Party Software Licences
(a) The App incorporates third-party software components made available under their own licence terms. A complete list of such components together with their full licence notices is accessible from within the App, in the âAboutâ section. (b) Where any third-party licence imposes obligations directly on You as an end user, You agree to comply with those obligations to the extent that they apply. (c) Certain components are made available to Us under the Syncfusion Community Licence. Your use of those components is subject to that licence as published by the licensor.
22. Changes to These Terms
22.1 Right to change
We may amend these Terms where this is necessary for an objective reason â in particular to adapt to a change in the law or in supreme-court case-law, to new or changed features of the Services, or to changed terms of upstream providers (Section 20.2), or to remove ambiguities â in each case only insofar as the amendment does not shift the contractual balance to Your detriment and is reasonable for You.
22.2 Notice for material changes
(a) For material changes that adversely affect Your rights, We will give You no less than thirty (30) calendar daysâ prior notice by email to the Account email address and, where practicable, by in-App notice. (b) A change is âmaterialâ where it: introduces new payment obligations; substantially modifies the licence grant in Section 9; substantially modifies the limitation of liability in Section 18; modifies the governing law or forum; or otherwise substantially changes a right or obligation under these Terms.
22.3 Non-material changes
For non-material changes, including clarifications, stylistic amendments, updates to cross-references, and changes required to reflect new operational realities or applicable law, the amended Terms take effect on publication and the updated version is identified in the App and on the Website.
22.4 Your options and effectiveness
In the notice under Section 22.2, We will expressly inform You that the change is deemed accepted by You unless You object to it before it takes effect, and of Your right to terminate the contractual relationship free of charge. If You object in time, or terminate Your Account in accordance with Section 19.1 before the change takes effect, the change is deemed not agreed as against You and the contractual relationship ends at the end of the current Billing Period. Where the termination affects a prepaid Subscription, We will refund the portion attributable to the unused part of the Billing Period.
22.5 Mandatory rights preserved
Nothing in this Section 22 affects any non-excludable right of Consumers to terminate, withhold performance, or claim refund of fees where mandatory law gives such a right in connection with unilateral contractual amendment.
23. Governing Law and Jurisdiction
23.1 Governing law
These Terms are governed by the laws of the Republic of Austria, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
23.2 Jurisdiction
(a) If You are a Consumer, the mandatory statutory venues apply. In particular, You may be sued only at Your domicile, Your habitual residence, or Your place of employment, and You may sue Us either there or at Our seat. For Consumers resident in a Member State of the European Union or in the European Economic Area, Articles 17 to 19 of the Brussels Ia Regulation apply; the mandatory protective provisions of Your country of residence remain applicable in every case. (b) If You are not a Consumer, the courts of Vienna, Austria, have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.
24. Contact
For any matter arising under these Terms, including notices, complaints, and the exercise of statutory rights, please contact Us at:
Email: office@noteastic.app
Privacy matters: privacy@noteastic.app
Postal: Noteastic OG, Anton-Baumgartner-StraĂe 44, C8/1504, 1230 Wien, Ăsterreich
24a. Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board and, to the extent legally permissible, We decline to participate. A separate European Commission online dispute-resolution platform no longer exists. Your right to bring proceedings before the courts having jurisdiction under Section 23 remains unaffected.
25. Miscellaneous
25.1 Severability
If any provision of these Terms is or becomes, in whole or in part, invalid, void, or unenforceable, the validity of the remaining provisions is not affected.
(a) If You are a Consumer, the invalid provision is replaced by the applicable statutory provisions. (b) If You are not a Consumer, the invalid provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose pursued by it.
25.2 Entire agreement
These Terms, together with the Privacy Policy and any document expressly incorporated by reference, constitute the entire agreement between You and Us in relation to the Services and supersede all prior or contemporaneous representations, understandings, and communications, whether written or oral.
25.3 Assignment
You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. We may assign or transfer Our rights and obligations under these Terms, in whole or in part and without Your prior consent, to a successor entity in connection with a merger, reorganisation, demerger, contribution in kind, or sale of all or substantially all of Our assets or business, provided that Your rights under these Terms are not materially reduced. We may engage sub-contractors and sub-processors to assist Us in performing Our obligations.
25.4 Notices
(a) Notices from You to Us must be sent to office@noteastic.app or to the postal address in Section 24 and are effective on actual receipt. (b) Notices from Us to You will be sent to the email address associated with Your Account or, in the absence of an email address, by means of a prominent in-App notification. Such notices are deemed received on the day they are sent, save where the email or notification is returned as undeliverable.
25.5 No waiver
Our failure or delay in exercising any right or remedy under these Terms does not operate as a waiver of that right or remedy. A waiver of any right or remedy is effective only if given in writing.
25.6 No partnership
Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between You and Us.
25.7 Third-party beneficiaries
A person who is not a party to these Terms has no right to enforce them, save where mandatory law provides otherwise.
25.8 Governing language version
(a) These Terms are provided in German and in English.
(b) The version governing for You is the language version in which these Terms were presented to and accepted by You on conclusion of the agreement. If they were presented to You in German, the German version governs; if they were presented to You in English, the English version governs. No version prevails merely because it was created first.
(c) Irrespective of the language version governing under paragraph (b), You retain all mandatory rights available to You under the law of Your country of residence.
Annex â Model Withdrawal Form
(Complete and return this form only if You wish to withdraw from the contract.)
To: Noteastic OG, Anton-Baumgartner-Strasse 44, C8/1504, 1230 Vienna, Austria â office@noteastic.app
I/We (°) hereby give notice that I/We (°) withdraw from my/our (°) contract of sale of the following goods (°) / for the provision of the following service (°):
â Description of the service: Noteastic Pro Subscription (monthly / annual) / Noteastic Pro One-Time Purchase (°)
â Ordered on (°) / received on (°):
â Name of consumer(s):
â Address of consumer(s):
â Signature of consumer(s) (only if this form is notified on paper):
â Date:
(°) Delete as appropriate.
End of the Terms of Service.