Terms of ServiceEffective Date: June 19, 2023Last updated: June 5, 2023
Welcome to Streetwriters (Private) Ltd. ("Streetwriters", "we", "our", "us")! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes. These Terms of Service ("Terms", "Terms of Service") govern your use of our web pages and web app located at https://app.notesnook.com and our mobile application Notesnook (together or individually "Service") operated by Streetwriters (Private) Ltd. Your agreement with us includes these Terms ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service. Thank you for being responsible.
1. CommunicationsWe send periodic messages/announcements to help you get the most from your Service account. You may receive these in-product or to the email address you signed-up with; they cover onboarding, different tips related to Service, maintenance alerts, promotional offers, surveys & other related messages. You can change your email subscriptions with Service from our emails (click the Unsubscribe link at the bottom) or from the app (go to Settings > Privacy & security and toggle Marketing emails). We may also send you important account information such as updates to legal or privacy terms, or security messages like password resets, email verification, failed account access alerts, and 2-factor authentication emails. These are necessary to our service and cannot be unsubscribed from.
2. PurchasesIf you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
3. PromotionsAny contests, sweepstakes or other promotions (collectively, "Promotions") made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
4. SubscriptionsSome parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Streetwriters (Private) Ltd. cancels it. You may cancel your Subscription renewal either through your account settings in the app or by contacting Streetwriters (Private) Ltd. customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Streetwriters (Private) Ltd. with accurate and complete billing information including full name, email, and a valid payment method information. By submitting such payment information, you automatically authorize Streetwriters (Private) Ltd. to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Streetwriters (Private) Ltd. your account will be downgraded after a 3 day grace-period.
5. Free TrialStreetwriters (Private) Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). At any time and without notice, Streetwriters (Private) Ltd. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
6. Fee ChangesStreetwriters (Private) Ltd., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective only for new Subscribers.
7. RefundsWe issue refunds for Contracts within seven (7) days (for monthly) or thirty (30) days (for yearly) of the original purchase of the Contract.
8. Prohibited UsesYou may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service: (a) In any way that violates any applicable national or international law or regulation. (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. (c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter,""spam,"or any other similar solicitation. (d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. (f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability. Additionally, you agree not to: (a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service. (b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. (c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent. (d) Use any device, software, or routine that interferes with the proper working of Service. (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service. (g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack. (h) Take any action that may damage or falsify Company rating. (i) Otherwise attempt to interfere with the proper working of Service.
9. AccountsWhen you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion.
10. Intellectual PropertyService and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Streetwriters (Private) Ltd. and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Streetwriters (Private) Ltd.
11. Error Reporting and FeedbackYou may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. The third party sites and tools mentioned above include the following: GitHub GitHub, Inc. is a provider of Internet hosting for software development and version control using Git. More information is available here: https://docs.github.com/en/github/site-policy/github-privacy-statement
12. Limitation Of LiabilityEXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Governing LawThese Terms shall be governed and construed in accordance with the laws ofIslamic Republic of Pakistan without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
14. Changes To ServiceWe reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
15. Amendments To TermsWe may amend Terms at any time by posting the amended terms on this site. If the changes are substantive, you will be notified of any such ammendments on your provided email. We will also announce the update through usual channels for such announcements such as blog posts and forums. A change log of all such ammendments will also be posted at the bottom of this site. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
16. Waiver And SeverabilityNo waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
17. AcknowledgementBY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
18. Contact UsPlease send your feedback, comments, requests for technical support: By email: [email protected].
June 5, 2023
- Added 1. Communications to clarify the kinds of emails/announcements we show/send to our users.
- Added clause under 15. Amendments To Terms about when a change to these terms might require sending/posting an announcement.
- Removed clause regarding Free Trial requiring billing information from 5. Free Trial.
- Removed clause regarding Subscription fee change becoming effective for Subscribers at their next Billing Cycle from 6. Fee Changes.
- Added clause under 7. Fee Changes clarifying that any change in Subscription fee will only apply to new Subscribers.
- Added clause under 15. Amendments To Terms about the presence of a Change log at the bottom of this site.