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PeakNote

Terms and Conditions

Last updated: March 23, 2025

1. Introduction

Welcome to PeakNote ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the PeakNote mobile application and any related services (collectively, the "Service"). By downloading, installing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Eligibility

You must be at least 13 years old to use our Service. By using our Service, you represent and warrant that you meet this requirement. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

3. Account Registration

To access certain features of our Service, you will need to sign in using your Apple ID. You agree to provide accurate, current, and complete information during the sign-in process. You are responsible for maintaining the confidentiality of your Apple ID and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Content

Our Service allows you to record, store, and process voice recordings and their transcriptions ("User Content"). You retain all rights to your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content for the purpose of providing and improving our Service.

You represent and warrant that:

  • You own or have the necessary rights to your User Content and have the right to grant the license described above.
  • Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity.
  • Your User Content does not contain any material that solicits personal information from anyone under 18 or exploit people under 18 in a sexual or violent manner.
  • Your User Content does not violate any applicable law, regulation, or rule.

5. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate PeakNote, a PeakNote employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm PeakNote or users of the Service or expose them to liability.
  • To record conversations without the knowledge and consent of all parties being recorded, where required by applicable laws.

6. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PeakNote, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. Subscription and Payments

Some features of our Service may require a subscription. By subscribing to our Service, you agree to pay the applicable fees as they become due. All payments are non-refundable except as required by law or as explicitly stated in these Terms.

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal through your Apple ID account settings.

8. Data Storage

We use Apple's CloudKit (RC2) for file storage to securely store your voice recordings and related data. Your data is stored in accordance with Apple's privacy and security standards. For more information about how your data is handled, please refer to our Privacy Policy.

9. Indian Legal Compliance

If you are accessing the Service from India, particularly from Pune, the following provisions apply:

9.1 Compliance with Indian Laws

Your use of the Service must comply with all applicable Indian laws and regulations, including but not limited to the Information Technology Act, 2000 and its amendments.

9.2 Data Localization

In accordance with Indian data protection requirements, certain user data may be stored on servers located within India.

9.3 Legal Jurisdiction

For users in India, any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

10. Privacy Policy

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEAKNOTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEAKNOTE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless PeakNote, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

15. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

16. Governing Law

If you are accessing the Service from outside of India, these Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. If you are accessing the Service from India, these Terms shall be governed by and construed in accordance with the laws of India.

17. Dispute Resolution

For users outside of India, any legal action or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction and venue of such courts.

For users in India, any dispute, controversy or claim arising out of or relating to these Terms or the Service shall be resolved by the courts in Pune, Maharashtra, India.

18. Contact Information

If you have any questions about these Terms, please contact us at hello@peaknote.app.