Smart Note AI

Agreement to Terms

Welcome to Smart Note AI! These Terms of Service ("Terms") constitute a legally binding agreement between you and Smart Note AI (operated by Hoàng Nhật Long) regarding your use of our intelligent note-taking application.

By accessing or using Smart Note AI, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Service.

1. Description of Service

Smart Note AI is an intelligent note-taking application that provides:

• Note creation, editing, and organization
• AI-powered summaries, mind maps, quizzes, and flashcards
• Text-to-speech functionality for note playback
• Voice recording for note creation
• AI chat assistance
• Note pinning and organization features
• Cloud synchronization across devices

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

2. User Accounts and Eligibility

Age Requirements

• General Users: You must be at least 4 years old to use Smart Note AI
• Minors Under 13: If you are under 13 years old (or under 16 in the EU), you must have parental or guardian consent to use the Service
• Parental Responsibility: Parents or guardians who consent to minors using the Service are responsible for supervising their use

Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• You may not create multiple accounts or share your account with others

Account Security

You agree to:

• Use a strong, unique password for your account
• Keep your login credentials confidential
• Enable two-factor authentication if available
• Log out from shared or public devices

3. Acceptable Use Policy

You agree to use Smart Note AI only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Activities

• Illegal Activities: Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Harmful Content: Upload, post, or transmit any content that is:
  • Illegal, harmful, threatening, abusive, harassing, or offensive
  • Defamatory, vulgar, obscene, or pornographic
  • Infringes on intellectual property rights
  • Contains viruses, malware, or harmful code
  • Promotes violence, discrimination, or hatred
• Security Violations: Attempt to:
  • Hack, compromise, or bypass security measures
  • Access another user's account without permission
  • Interfere with or disrupt the Service or servers
  • Reverse engineer or decompile the application
• Abuse and Spam:
  • Send spam, chain letters, or unsolicited communications
  • Abuse, harass, or threaten other users
  • Create fake accounts or impersonate others
  • Manipulate or game the Service's features
• Commercial Misuse:
  • Use the Service for unauthorized commercial purposes
  • Resell or redistribute the Service
  • Scrape or harvest data from the Service

4. User Content and Intellectual Property

Your Content

You retain ownership of all content you create, upload, or store in Smart Note AI, including notes, recordings, and files ("User Content"). However, by using the Service, you grant us certain limited rights:

License Grant

You grant Smart Note AI a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your User Content to provide the Service
• Process your content through AI services (OpenAI, Google Gemini) to provide features like summaries and mind maps
• Create backups and copies for service reliability
• Perform technical operations necessary to provide the Service

Important Clarifications:

• This license exists only to enable us to provide the Service to you
• We do NOT use your content to train AI models
• We do NOT share your content with third parties except as necessary to provide the Service
• The license terminates when you delete your content or account (subject to backup retention periods)

Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to all User Content you upload
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and applicable laws
• You are responsible for backing up your own content

Our Intellectual Property

Smart Note AI and its original content, features, and functionality are owned by Hoàng Nhật Long and are protected by international copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without permission

5. Subscriptions, Payments, and Refunds

Premium Features

Smart Note AI offers premium features through subscription plans and in-app purchases. Premium features may include:

• Unlimited AI-powered summaries and content generation
• Advanced note organization features
• Increased storage capacity
• Priority support
• Ad-free experience (when ads are implemented)

Subscription Terms

• Billing: Subscriptions are billed through Apple App Store or Google Play Store based on your selected plan (monthly, yearly, etc.)
• Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Price Changes: We may change subscription prices with at least 30 days' notice. Price changes will apply to subsequent billing cycles
• Payment Processing: All payments are processed securely by Apple or Google. We do not store your payment information

Cancellation

You can cancel your subscription at any time through:

• iOS: Settings → Your Name → Subscriptions → Smart Note AI → Cancel Subscription
• Android: Google Play Store → Subscriptions → Smart Note AI → Cancel Subscription

After cancellation, you will retain access to premium features until the end of your current billing period. No partial refunds will be provided for the remaining period.

Refund Policy

Refund requests are subject to Apple App Store and Google Play Store policies. Generally, refunds may be granted within 30 days under the following conditions:

• Technical issues that prevent you from using the Service, which we are unable to resolve
• Accidental or duplicate purchases
• Non-excessive usage during the refund period

Refund Limitations:

• No refunds for inactive accounts or failure to use the Service
• Pro-rated refunds may be considered mid-cycle at our sole discretion
• Refund processing typically takes 7-14 business days after approval
• To request a refund, contact us at smartnoteai.studytool@gmail.com

Free Trial (if applicable)

If we offer a free trial:

• Free trials are available only once per user
• You must cancel before the trial ends to avoid charges
• We reserve the right to determine free trial eligibility

6. Service Availability and Modifications

Service Availability

While we strive to provide reliable service, we do not guarantee that:

• The Service will be available 24/7 without interruption
• The Service will be error-free or bug-free
• All features will work perfectly at all times
• AI-generated content will be 100% accurate

Maintenance and Updates

We may:

• Perform scheduled maintenance with or without notice
• Update, modify, or discontinue features
• Change the Service's appearance or functionality
• Temporarily suspend the Service for technical reasons

Service Modifications

We reserve the right to:

• Add, modify, or remove features at any time
• Change pricing for new subscriptions (existing subscriptions maintain current pricing until renewal)
• Discontinue the Service with 30 days' notice

We will make reasonable efforts to notify you of significant changes that materially affect your use of the Service.

7. Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or quality of AI-generated content
• Warranties regarding data security or prevention of data loss

AI Content Disclaimer

AI-generated summaries, mind maps, quizzes, and other content are:

• Generated automatically and may contain errors or inaccuracies
• Not a substitute for human review and judgment
• Provided for informational and productivity purposes only
• Not professional, legal, medical, or financial advice

You are responsible for reviewing and verifying all AI-generated content before using or relying on it.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART NOTE AI AND ITS DEVELOPER SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Loss or corruption of notes or content
• Unauthorized access to or use of your account
• Errors, mistakes, or inaccuracies in AI-generated content
• Service interruptions or failures
• Actions or omissions of third-party services (Firebase, OpenAI, etc.)

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.

User Responsibility

You acknowledge and agree that:

• You are solely responsible for your use of the Service
• You should maintain your own backups of important content
• You use AI features at your own risk and should verify generated content
• You are responsible for compliance with applicable laws in your jurisdiction

8. Indemnification

You agree to indemnify, defend, and hold harmless Smart Note AI, its developer (Hoàng Nhật Long), and its service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your User Content or any content you upload
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

9. Termination

Termination by You

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

• Your access to the Service will be immediately revoked
• Your account data will be permanently deleted within 7 days
• Active subscriptions will be cancelled (no refunds for remaining period)
• You will lose access to all notes and content

Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Illegal or fraudulent activity
• Abusive behavior toward other users or our staff
• Excessive use that impacts service quality for others
• Non-payment of subscription fees
• At our sole discretion for any other reason

Effect of Termination

Upon termination of your account:

• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability
• We will not be liable to you or any third party for termination of your account
• You will remain responsible for any outstanding fees or obligations

10. Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions.

Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Hanoi, Vietnam. You agree to submit to the personal jurisdiction of such courts.

Informal Resolution

Before filing any formal dispute, you agree to contact us at smartnoteai.studytool@gmail.com and attempt to resolve the dispute informally. We will do the same. Both parties agree to negotiate in good faith for at least 30 days before pursuing formal legal action.

No Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. Changes to Terms of Service

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you through the app, email, or other reasonable means
• Request your acceptance if changes are material

Your Options:

• If you disagree with the updated Terms, you must stop using the Service and may delete your account
• Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms
• Material changes will not apply retroactively without your consent

We encourage you to review these Terms periodically to stay informed of any changes.

12. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smart Note AI regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

Third-Party Services

The Service integrates with third-party services (Firebase, OpenAI, Google Gemini, RevenueCat, OneSignal). Your use of these services is subject to their respective terms and policies. We are not responsible for third-party services or their practices.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, internet failures, or equipment failures.

Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between translations, the English version shall prevail.

13. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

Acknowledgment

BY USING SMART NOTE AI, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Thank you for using Smart Note AI!