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Terms of Service

Last updated: August 14, 2026

These Terms of Service ("Terms") govern your use of NoteSpark ("the Service"), operated by NoteSpark ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent that you are at least 16 and have the legal capacity to enter into these Terms.

2. Your Content

2.1 Ownership

You retain all rights to the content you upload, record, or generate through the Service ("Your Content"). We claim no ownership over Your Content.

2.2 License to Process

You grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, transmit, and store Your Content solely as necessary to provide the Service to you (including transcription and AI processing). This license ends when Your Content is deleted per our Privacy Policy.

2.3 Your Responsibility

You represent and warrant that:

You are solely responsible for Your Content and the consequences of submitting it.

3. Acceptable Use

You agree not to:

4. The Service

4.1 AI-Generated Content

The Service uses artificial intelligence to transcribe and generate content. AI-generated output may be inaccurate, incomplete, or contain errors. You should review and verify all generated content before use. We do not guarantee the accuracy, reliability, or fitness for purpose of any AI-generated output.

4.2 Changes

We may update, modify, or discontinue features at any time. We will give reasonable notice of material changes where practicable.

4.3 Fair Use

Pro accounts are subject to a fair use policy. We may throttle or suspend accounts that exhibit clearly abusive usage patterns (e.g., automated bulk processing far beyond normal human use).

5. Subscriptions and Billing

5.1 Plans

5.2 Auto-Renewal

Subscriptions renew automatically at the end of each billing period unless canceled. You will be charged the then-current rate via your chosen payment method.

5.3 Cancellation

You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. You retain Pro access until the period ends. We do not provide prorated refunds for partial periods, except where required by law.

5.4 Refunds

We offer a 30-day money-back guarantee for first-time subscribers. If you are unsatisfied within 30 days of your initial purchase, contact support for a full refund. Renewal payments are non-refundable except where required by law.

5.5 Payment Processing

Payments are processed by Dodo Payments and/or Stripe. Their terms apply to payment transactions. We do not store your card details.

5.6 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes take effect at the next renewal. You may cancel before the change takes effect.

6. Intellectual Property

The Service, including its software, design, logos, and trademarks, is owned by NoteSpark and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service except as expressly permitted.

6.1 Third-Party Trademarks

The Service may interoperate with third-party products and services (for example, exporting files compatible with Obsidian). Any reference to third-party names or trademarks is made solely to describe interoperability and does not imply affiliation with, endorsement by, or certification by those third parties. See our Trademark Policy for details.

We respect intellectual property rights and respond to valid copyright notices under the Digital Millennium Copyright Act (DMCA). Our complete policy is available at our [DMCA Policy](dmca-policy.md).

7.1 Filing a Notice

If you believe content on the Service infringes your copyright, send a notice to dmca@notespark.dev containing the elements described in our DMCA Policy (including identification of the work, identification of the infringing material, your contact information, and statements of good faith and accuracy).

7.2 Response

We will review valid notices and remove or disable access to allegedly infringing content within 24 hours. We may terminate accounts of repeat infringers.

7.3 Counter-Notice

If you believe content was removed in error, you may submit a counter-notice with the required DMCA elements. We will forward it to the complainant and may restore the content in 10-14 business days unless a legal action is filed.

8. Third-Party Services

The Service uses third-party providers including Groq, OpenAI, Supabase, Cloudflare, and payment processors. Your use of the Service may also be subject to these providers' terms. We are not responsible for third-party services.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOTESPARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless NoteSpark from any claims, damages, losses, or expenses (including legal fees) arising from Your Content, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

You may delete your account at any time. We may suspend or terminate your account if you violate these Terms, with notice where practicable. Upon termination, your right to use the Service ends, and we will delete your data as described in our Privacy Policy.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be notified by email or in-Service notice at least 7 days before taking effect. Continued use after the effective date constitutes acceptance.

14. Governing Law and Disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any dispute will be resolved through binding arbitration in Hong Kong in accordance with the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules, except where prohibited by law.

15. Contact