Terms of Service

Terms of Service

 

General

By using any Note service, whether through notebc.com, noteio.com, any associated website, API, or mobile application (collectively, “services”), you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “user agreement”), as well as our privacy policy.

These terms of service govern your use of Note and provide information about the Note website and application, outlined below. When you create a Note account or use Note, you agree to these terms. 

This website and its related services are owned and operated by Note LLC.  You acknowledge that any use of this website and any use of our services are subject to these terms of service (‘terms’).

We reserve the right to change these terms at any time, at our sole discretion. Any changes in respect to your use of the services will take effect when posted on the website. If you have supplied us with an email address, we will also notify you by email of changes to these terms.

It is your responsibility to read the terms carefully each time you use our services. Your continued use of the services shall signify your acceptance to be bound by the current terms.

Failure or delay by Note in enforcing or partially enforcing any provision of these terms shall not be construed as a waiver of any rights.

We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the services, information and functions made accessible through the services, any hyperlinks to third party websites, or the security associated with the transmission of information through the services, or any website linked to the services.

In using the services, you may view content or services provided by third parties, including links to web pages and services of such parties (“third party content”). We do not control, endorse or adopt any third party content and have no responsibility for third party content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.

You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of third party content is at your own risk.

Note may, from time-to-time, respond to requests from law enforcement, regulators and policymakers by producing certain information about or relating to your use of the services.

You agree and understand that, depending on the services used by you, Note reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your user account.

 

Definitions

 

"Service" means one or more features provided or operated by Note via website or local application (mobile, desktop, or otherwise), including but not limited to: a wallet service consisting of software that permits you to self-custody virtual currency, organize network addresses, view transaction history and transact in virtual currencies.

"API" means application programming interface, and is not a service, as defined above.

"Virtual Currency" a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of currency units, operating independently of a centralized institution. 

 

Services  

Note offers two primary products: the Note Blockchain web interface and the Note wallet app on iOS and Android. 

The Note blockchain web interface allows users to create wallets, transfer Notes to peers, check balance, and view transaction history. 

The Note wallet app has the same functionality, and in addition, allows users to generate personalized printable Notes that can be scanned by other users in order to claim Notes. 

The private key in the Note wallet app is encrypted and never shown, the account is linked to the user’s phone number, protected by a password and PIN. 

The web wallet and Note wallet app both operate with the Note blockchain, however, an account can only be accessed via the app or the web interface, depending on how it was generated. 

 

Assumption of Risk, Liability, No Warranty

You accept and acknowledge that there are risks associated with utilizing an internet based virtual currency wallet service including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address and private key(s).  You accept and acknowledge that Note will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the services, however caused.

You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Note has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks.

Note products and services are provided "as is“, and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We will use reasonable precaution to verify the accuracy of any information on the website, but Note makes no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the website, information and functions made accessible through the website, any hyperlinks to third party websites, or the security associated with the transmission of information through the website or any websites links provided.

Note will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our services, including but not limited to any losses, damages or claims arising from: (a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped virtual currency addresses; (b) Server failure or data loss; (c) Corrupted wallet files; (d) Unauthorized access to applications; (e) Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the website or services; (f) Failures or errors in the mining network, including but not limited to: errors from individual mining devices, communications errors, and malicious attacks. 

Note makes no warranty that the website or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the website.

Any and all indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extent permitted under California and Federal law.

By using the services provided b Note, you agree that Note will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.

 

Jurisdiction

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and Note, except to the extent governed by federal law.

If any part of these terms is held by any court of California to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

You agree and understand that any dispute arising under this user agreement shall be settled in binding arbitration, in accordance with the American Arbitration Association’s rules.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the state of California, United States of America, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys' fees.

Arbitration; waiver of class action. If you have a dispute with Note, you agree to contact Note through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Note support team, you and we agree that any dispute arising out of or relating to this agreement or the Note services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis. Subject to applicable jurisdictional requirements.  All such matters shall be decided by an arbitrator and not by a court or judge.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NOTE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

 

Indemnification

You agree to indemnify and hold harmless Note, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or user account in connection with: (a) use of the services; (b) breach of this user agreement or any other policy; (c) feedback or submissions you provide; or (d) violation of any rights of any other person or entity; provided however, that you shall not indemnify Note for claims or losses arising out of Note’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and will survive any termination or cancellation of this agreement.

 

Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made knowing misrepresentations. Nothing in this user agreement excludes or limits liability which may not be limited or excluded under law.

 

Prohibited Use

When accessing or using the Note, you agree that you are solely responsible for your conduct while accessing and using our services. Without limiting the generality of the foregoing, you agree that you will not:

(1) Use the services in any manner that could interfere with, disrupt, negatively impact or inhibit other users from fully enjoying the services, or that could damage, disable, overburden or impair the functioning of our services in any manner.

(2) Use the services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities.

(3) Use any robot, spider, crawler, scraper or other automated programs or interface not provided by us to access our services or to extract data.

(4) Use or attempt to use another user’s wallet or credentials without authorization.

(5) Attempt to upload, distribute, share, circulate, or issue any pornographic and/or unlawful images via the Note app, web interface, or service. 

(6) Introduce to the services any virus, trojan, worms, logic bombs or other harmful material.

(7) Develop any third-party applications that interact with our services without our prior written consent.

(8) Provide false, inaccurate, or misleading information.

(9) Encourage or induce any other person to engage in any of the activities prohibited under this section.

 

Fees

Creating a wallet is free. Note LLC does not currently charge fees for any services, however we reserve the right to do so in future, and in such case any applicable fees will be displayed prior to you using any service to which a fee applies.

A virtual currency network is a network of computers operated by individuals or entities known as “miners,” who voluntarily participate in the process of confirming transactions on the network. These computers (known as “mining rigs”) compile a list or “block” of pending transactions, verify that each transaction in the block is valid and does not involve an attempt to double-spend coins, and attempt to complete a mathematical algorithm that determines whether the block may be added to the public ledger of confirmed blocks, called the “blockchain”. Typically, miners receive: (1) an amount of virtual currency as a reward for any confirmed transaction, generated automatically via the virtual currency mining protocol; and (2) Any fees voluntarily included within the block by the individuals who initiated the proposed transactions (“miners fees”). Since miners verify virtual currency transactions on a voluntary basis, it is customary to include a miners fee in order to provide an incentive to the miners to add a proposed transaction to the next block for confirmation via the virtual currency network.

You accept and acknowledge that Note LLC is not responsible for the speed at which your transactions may be verified by miners.

If you use a service to which a charge applies, or you initiate a transaction with a miners fee via the service, you will not be able to change your mind once you have confirmed that you wish to proceed with the service or transaction.

 

Intellectual Property Rights

Unless otherwise indicated by Note, all intellectual property rights and any content provided in connection with our services, are the property of Note or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the services.

You accept and acknowledge that the material and content contained through our services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the services.

You further acknowledge that any other use of content from the services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via our services on any copy you make of the material but failing to do so shall not prejudice Note’s intellectual property rights therein.

You may not sell or modify materials derived or created from our services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. You may not copy any material or content derived or created from our services without our express, written permission.

Any rights not expressly granted herein to use the materials contained on or through our services are reserved by Note in full.

 

Disclaimer 

While Note LLC will occasionally sell Notes at a certain value to fund development, marketing, operations, legal, and various other costs, there is no guarantee Notes will retain that value.  The value of a Note may fluctuate up or down depending on supply and demand, and other market forces.  The value of Note is not guaranteed.