Effective Date: November 29, 2020
- Creating an account
- Your Content
- Your Responsibilities
- Our Intellectual Property
- Our Rights
- Paid Services And Fees
- Term And Termination
- Warranty Disclaimers
- Limitation Of Liability
- Google Maps
- Notebook Encryption
- Class Action Waiver
- Governing Law
- Additional Terms
Welcome to ISO Notes Terms and Conditions!
This page explains our terms of service, which contain important information about your legal rights. When you use ISO Notes, you’re agreeing to these terms.
These Terms of Service ("Terms") cover your use of and access to ISO Notes site and its features (collectively, the "Services") provided by ISO Notes (by O B L i T i), including without limitation during free trials, on the website and associated domains of www.isonotes.com and on ISO Notes web and mobile applications.
If you are a resident of or have your principal place of business in the Australia, you are agreeing to this Agreement with ISO Notes and are an "Australian User". Otherwise, you are agreeing to this Agreement with ISO Notes ("ISO Notes Australia") and are a "Non-AU User". References to "ISO Notes", "O B L i T i", "us", "we" and "our" mean ISO Notes (ABN 83 511 351 329).
Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the resolution of disputes by arbitration and a class action waiver.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
1. Creating An Account
- Signing Up To use our Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
- Staying Safe Please safeguard your Account and make sure others don't have access to your Account or password. You're solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We’re not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
- Eighteen And Older The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you're at least 18. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.
2. Your Content
- Your User Content Stays Yours Users of our Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials ("User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
- Your License To Us When you provide User Content via the Services, you grant ISO Notes (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
3. Your Responsibilities
- Only Use Content You’re Allowed To Use You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services and in the manner required by this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download or share content unless you have the right to do so.
- Follow The Law You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.
- Share Responsibly The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.
- Comply With Our Acceptable Use Policy You must comply with our Acceptable Use Policy. You represent and warrant that all your User Content complies with our Acceptable Use Policy.
4. Our Intellectual Property
- ISO Notes Owns ISO Notes The Services are protected by copyright, trademark and laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services or others’ User Content.
- We Can Use Your Feedback For Free We welcome your feedback, ideas or suggestions ("Feedback"), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
- Our Demo Content We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video ("Demo Content"), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not be distributed, publicly displayed, publicly performed or otherwise published.
- Our Betas Are Still In Beta We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.
5. Our Rights
- Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some or all of Your contents; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
- How We Handle Ownership Disputes Sometimes, ownership of an Account or site is disputed between parties, such as a business and its employee, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
7. Paid Services And Fees
- Fees You can access the Services by submitting a fee payment (such additional services, "Paid Services"). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Our fees will appear on an invoice that we provide via email. Please note that different Paid Services have different fees, and canceling one Paid Service may not cancel all your Paid Services.
- Automatic Subscription Renewals To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month charged on the same day of the month similar to when you activated your account. If a month does not have the anchor day, the subscription will be billed on the last day of the month. For example, if your subscription started on January 31 your payment will be processed on February 28 (or February 29 in a leap year), then March 31, April 30, and so on. We’ll automatically charge you the applicable amount using the payment method you have on file with us. You can cancel auto-renewal at any time via the Services. Cancelling your auto-renewal payment will result in cancelling your account.
- Cancellation You can cancel your ISO Notes membership at any time, and you will continue to have access to the ISO Notes service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unused ISO Notes features. To cancel, login into your account and go to the "Profile Settings" page. You can use this page to change your monthly subscription type or proceed to cancel your subscription. If you cancel your subscription, your account will automatically prevent you at the end of your current billing period to use more resources. We may attempt to keep your data for a period of 7 days, for protection of your data in case you decide to resume your membership.
- Refunds While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. We offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
- Free Trial If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us via CONTACT US page or via email. All of our subscription plans offer a free trial for period of 30 days. We will charge your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website, login into your account and go to the "Profile Settings" page. We will email you prior to the end of the free trial to remind you that the trial is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
- Fee Changes We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
- Chargebacks If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us via email before filing a Chargeback. We reserve our right to dispute any Chargeback.
8. Term And Termination
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
9. Warranty Disclaimers
Disclaimers. To the fullest extent permitted by applicable law, ISO Notes makes no warranties, either express or implied, about the Services. The Services are provided "as is" and "as available". ISO Notes also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from ISO Notes, shall create any warranty. ISO Notes makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. However, ISO Notes will provide the Services with reasonable care.
Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in this Section, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
10. Limitation Of Liability
You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will ISO Notes and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your content or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not ISO Notes has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of ISO Notes for all claims arising out of or related to the Services and this Agreement exceed the greater of five dollars ($5) or the amounts paid by you to ISO Notes in the one (1) month immediately preceding the event that gave rise to such claim.
To the fullest extent permitted by law, you agree to indemnify and hold harmless ISO Notes and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content; (c) any claims by; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which ISO Notes may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
12. Google Maps
ISO Notes provides features that are based on Google Maps. In order to protect our resources, we have applied limits to different aspects of this feature, including but not limited to number of maps inserted. Currently this limit is set to 20 maps per user per subscription cycle. You also agree to
- Google Terms of Service (the "Universal Terms")
- Google Maps/Google Earth's API Terms of Service (the "Google Maps API Standard Plan")
- Google Maps APIs Master Terms (the "Google Maps API Premium Plan"
ISO Notes provides a mechanism for you to attach files/images to your notes via Uploadcare. If you decide to use this feature you will need to register an account with Uploadcare. You understand that:
- When you attach a file/image to a note, then the attached files/images are uploaded to Uploadcare
- Deleting the links to these files/images from your notes, will not delete the file/images on Uploadcare
- Deleting a note that contains these files/Images will not delete the files/images on Uploadcare
14. Notebook Encryption
ISO Notes provides a mechanism for you to encrypt your notes via Staticrypt. If you decide to use this feature, you agree to the following terms:
- After you have encrypted your notebooks, if you lose your passphrase, we will not be able to help you in unlocking or decryption of your notebooks
- This feature provides a low level of security and may not be suitable for encrypting extra sensitive information
15. Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ISO Notes 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, where permitted under the applicable law, unless both you and ISO Notes agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
16. Governing Law
17. Additional Terms
- Plugins ISO Notes uses Summernote and associated plugins. You acknowledge and agree to the following licensing conditions:
- Summernote Uploadcare Plugin
- Summernote Syntax Highlighting Plugin
- Summernote Print Plugin
- Summernote Table Headers Plugin
- Editor MD Plugin