Terms of Service

1. Acceptance of Terms

Welcome to NoteMagic AI. By accessing or using our mobile application ("App") or web application ("Web App"), collectively referred to as the "Service," you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

NoteMagic AI provides an AI-powered note-taking and learning platform that:

• Converts audio recordings, text, and web content into structured notes
• Generates AI-powered summaries, flashcards, and study materials
• Provides translation and rewriting capabilities
• Offers spaced repetition learning tools
• Syncs data across your devices

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Not share your account with others

4. Subscription and Billing

4.1 Free and Paid Features

NoteMagic AI offers both free and premium subscription features. Free features may be limited in scope and usage. Premium features require an active subscription.

4.2 Subscription Terms

• Subscriptions automatically renew unless cancelled
• Payment is charged through Apple App Store or our payment processor
• Prices are subject to change with advance notice
• Cancellations take effect at the end of the current billing period

4.3 Refunds

Refunds for in-app purchases are handled according to Apple's App Store policies. For web subscriptions, refunds are provided on a case-by-case basis at our discretion.

5. User Content

5.1 Your Content

You retain all rights to the content you create, upload, or record using the Service ("User Content"). By using the Service, you grant us a license to:

• Store and process your User Content
• Use AI models to analyze and generate derivative works (summaries, flashcards, etc.)
• Sync your content across your devices
• Back up your content for service continuity

5.2 Content Restrictions

You agree not to upload or create content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains malware or malicious code
• Harasses, threatens, or harms others
• Contains illegal content

6. Artificial Intelligence Features

6.1 AI-Powered Services

NoteMagic AI provides various AI-powered features including Magic Chat, Magic Notes, flashcard generation, quiz generation, podcast creation, and other intelligent content processing capabilities. These features rely on third-party AI services and language models, which incur operational costs based on usage.

6.2 Fair and Reasonable Use

AI features are intended for personal educational and productivity use. We monitor usage patterns to ensure service quality, availability, and sustainability for all users.

Usage that we determine, in our sole discretion, to be excessive, abusive, or inconsistent with personal educational use may result in rate limiting, temporary feature restrictions, or account suspension.

Examples of unreasonable use include, but are not limited to:

• Automated or scripted requests designed to generate high volumes of AI interactions
• Commercial resale, redistribution, or monetization of AI-generated content
• Usage patterns that significantly exceed typical personal educational use
• Attempts to circumvent usage limits through multiple accounts or other means
• Use of the service as a substitute for commercial AI API services
• Bulk processing unrelated to personal note-taking or learning activities

6.3 Service Levels and Usage Quotas

Different subscription tiers may include different usage limits, quotas, or access levels for AI features. These limits help us maintain service quality and cost sustainability.

We reserve the right to implement, modify, adjust, or remove usage quotas as necessary to maintain service sustainability and quality for all users, respond to changes in operational costs from third-party AI providers, prevent abuse and ensure fair access, and optimize resource allocation.

Current usage limits and quotas for your subscription tier are displayed within the application and on our pricing page.

6.4 Service Modifications and Updates

We reserve the right to modify, update, suspend, or discontinue any AI feature or functionality, in whole or in part, at any time. This includes but is not limited to changing which AI models or providers power specific features, adding, removing, or modifying feature capabilities, adjusting processing speeds, output formats, or quality settings, and temporarily disabling features for maintenance or updates.

6.5 Changes to Pricing and Subscription Plans

Pricing, subscription plan features, and usage limits may change over time to reflect operational costs, market conditions, and service enhancements.

For material changes that negatively impact your current subscription:

• We will provide at least 30 days advance notice via email to your registered email address
• Your current pricing will be honored for the remainder of your current billing cycle
• You may cancel your subscription without penalty during the notice period
• If you do not cancel, continued use after the notice period constitutes acceptance of the new terms

6.6 Service Availability and Reliability

While we strive to maintain high availability and reliability, AI features depend on third-party services, internet connectivity, and infrastructure beyond our direct control.

We do not guarantee:

• Uninterrupted or error-free access to AI features
• Specific response times or processing speeds
• Availability of specific AI models or capabilities
• 100% accuracy of AI-generated content

We are not liable for:

• Service interruptions due to third-party AI provider outages
• Temporary unavailability during maintenance or updates
• Degraded performance during periods of high demand
• Changes to AI model capabilities or outputs by third-party providers

6.7 Content Accuracy and User Responsibility

AI features are tools to assist with learning and productivity. They are not substitutes for professional advice, expert consultation, or critical thinking.

You acknowledge that:

• AI-generated summaries, flashcards, quizzes, and other content may contain errors or inaccuracies
• You are responsible for reviewing and validating AI-generated content
• NoteMagic AI does not guarantee the accuracy, completeness, or reliability of AI outputs
• AI features should not be used for critical decisions without independent verification

7. Acceptable Use

You agree not to:

• Reverse engineer or attempt to extract source code
• Use the Service for illegal purposes
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to systems
• Use automated tools to access the Service without permission
• Resell or redistribute the Service

8. Intellectual Property

The Service, including its design, features, and underlying technology, is protected by copyright, trademark, and other intellectual property laws. NoteMagic AI and its licensors retain all rights not expressly granted to you.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

10. Disclaimers

The Service is provided "as is" without warranties of any kind, either express or implied.

We do not guarantee that the Service will be uninterrupted, error-free, or secure. We are not responsible for:

• Loss of data or content
• Accuracy of AI-generated content
• Third-party content or services
• Service interruptions or technical issues

11. Limitation of Liability

To the maximum extent permitted by law, NoteMagic AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and content
• You remain responsible for any outstanding payments

You may terminate your account at any time through the app settings or by contacting us.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

15. Contact Information

If you have questions about these Terms, please contact us at:

Email: [email protected]