Notito, Terms of Service

Last updated: February 19, 2025.

These Terms of Service, alongside our Privacy Policy, govern your use of the Notito app. In some cases, you may use third party services, which have additional terms. Please review these Terms of Service and Privacy Policy, as your consent is the only way to receive our services.

The Notito Software is a mobile application meant to help you communicate with other people. It allows you to send texts, links, images, sound clips or videos with other people.

Notito is a registered trademark, number 97272225 of USA. No use of the Notito mark is permitted under these terms except where specifically stated.

In brief, human-readable language, our services governed under these terms are the messaging and noting services you receive. We are not responsible for the contents of the note widgets, but we ask that you use them politely and in a non-abusive manner when interacting with other users. The widget appears on the screen without needing to launch an app. We are not responsible for the contents of the widget but the people you add to this widget.

Our liability for the services provided and the products downloaded is limited, and our services are provided on an AS-IS basis. We cannot ensure that the results from the services shall be optimal or warrant that they would be satisfactory. We do not warrant for response times and provide responses to support services via email on a timely basis.

Registration, Accepting These Terms.

When enrolling into the service, you represent and warrant that you are over 13 years of age, or if you are a corporation, you obtained all required permits from the authorized signatory. If you are under 18, but over 13, you may ask for parental consent prior to using the app, and your parents should accept these terms before using the app.

Signup. You may sign up using your Apple ID or other unique identifier. You may be requested with your phone number and email address to verify your identity. We may require access to your contacts in order to send them the notifications or to ensure that you are stored on their contact list as well.

We may also use your email address for sending newsletters and updates, as we explain in the privacy policy. We may send you an email to verify your ownership of the account.

Accepting These Terms. You are required to accept and provide your consent to these terms before using the services, before submitting your personal data in forms and when contacting us for support queries. Without your acceptance of these terms we may not be able to provide you with the services governed under these terms.

The Service

Notito is a note sharing service and may allow you to share notes with your contacts or other persons, either via Notito’s internal messaging mechanism or public links. We may change the method of how notes are deployed, as well as the way they are shared, from time to time.

Prior to sharing a note to a specific group, please verify its participants to ensure that you wish to make this note available to all of them.

We may limit the use of the software, either by limiting the number of notes posted, people whom the note is shared with, or specific contents to be shared.

If the persons who you shared your notes with do not have the software installed, then they shall be notified on such note and the data shall be retained for a limited time until they install the software. iOS device is needed. The product is not available on other platforms.

Please note that once a note was shared through the service, it is immutable, and cannot be removed. It is possible that once a recipient obtained a copy of said note they shared it through other channels. You understand this and acknowledge that though we may exercise efforts to remove content, it may still be available for third party use, either through our services or through other services.

Do not use Notito for mission critical uses, such as medical, military, industrial or other use which may require high availability and real-time data.

Software License

We provide you with a limited, non-sublicensable, temporary, license to use our software. You may not provide any person with a copy of our software, nor may you reverse-engineer, decompile, circumvent or otherwise attempt to make our software’s source code or features available.

Content Policy

This content policy applies both to the content you submit through the service for us to use, share with others via the service or third parties, and for content others submit that you may use.

By either providing us with visual, textual, audiovisual, or other material or by using our service to share content, You hereby accept this content policy as set forth. You acknowledge that any violation of the content policy may cause termination of your service, removal of your content and legal action by both ourselves and the person whose rights were infringed.

For the purpose of this policy, the term Content shall refer to images and/or text and/or videos used by yourself while creating content through the service and published through it.

License

You hereby warrant that you are the sole owner and proprietor of any Content you distribute through the service, or that you are allowed to post it under this content policy. You hereby grant us an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use your Content according to the functionality of service and through other third party services, including the creation of derivative works and the creation of three dimensional works. If you share your Content via a third party service, then you grant each person you shared your Content with the right to send this Content to third parties, and to display, store or use this Content via such third party and according to its terms of service.

Our License To You

We provide you, as our user, a limited, non-transferrable, non-sublicensable, license to use all the images and works made available via the services in relation to the service and through its functionality. Meaning, that if a contact had sent you a photo, you may view that photo and share it through the functionality of the service.

Offensive Content

You hereby warrant that your Content is not offensive and does not infringe the right of any third party, including, but not only:

  1. Intellectual Property Infringing. Your content does not infringe any third party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
  2. Pornography. Your Content does not contain any text, image or depiction including extreme nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene. We may allow artistic nudity and non-pornographic use of exposed bodies.
  3. Slanderous. Your Content does not slander, defame or otherwise harm the good name of others.
  4. Hate Speech and Racism. Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.

Warranty

You hereby warrant that you are either the sole proprietor or a designated licensee of your Content and that no other party's rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against You or threatened against You for publishing content through the service.

Notice & Takedown.

If you believe that any content hosted or posted using our services may infringe or violate any of your rights or applicable law; do contact us at notito-support@taptics.co and we will investigate such complaint. Following the complaint, we will let the user who submitted the content know about it, and might inquire about its posting. Please note that our moderation, restoration or deletion of content does not mean that we are liable for the content in any form or under any law.

Payments

We offer the ability to purchase premium use of our software. Paying users may receive premium services such as the ability to share Widgets (notes) with more persons than the free tier, or for longer retention periods, as well as add additional Widgets. All provided services shall be manifested in the payment page.

Payments and refunds are handled through third party payment providers.

We provide the option to receive refunds according to the applicable AppStore guidelines.

We may refuse to provide a refund, or provide a refund even outside the scope of our guidelines in case we believe such action is in place.

Please note that providing a refund would revoke any licenses granted and some features in your copy of the software may not be operational after such refunds.

Support Services and special requests (account deletion)

Our support services are limited and are made via email only.

Warranty

We supply the services on an “as-is” and “as-available” basis. Your use of the services is at your own risk and under your liability. We make no warranty that (i) the services will meet your requirements and (ii) the services will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the services will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations, or (v) any errors in the service will be corrected.

Liability

For no case and for no reason shall we be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any third party due to its misperformance of duties herein. We provide Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including loss of your funds, damages to property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use services. Our total liability to you is limited to: (i) $50 USD if you use the free version of the app. (ii) The amount you paid for Notito in the last six months if you have a subscription.

Indemnity

You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of your use of the services in direct violation of these terms of service, including any false representation.

Terminating The Service

We shall have the right to terminate your use of the service or to terminate the service at any time and by providing a one day prior notice.

Moreover we may terminate your use of the service at any time and without prior written notice in any case where you breached these terms and such breach may cause us irreparable harm.

We may suspend the services or any of its functionality, or disable features, if we believe that some fraud or error occurred.

Availability

We might disable the service from time to time for scheduled backups, maintenance or upgrades. In some extreme cases, where urgent maintenance is required, we may disable the service immediately and without notice.

Amending These Terms

We may amend these terms from time to time, provided that you shall be informed through electronic communication on such an amendment and shall be granted the option to terminate your agreements with us by providing a prior written notice.

Governing Laws, Jurisdiction, No Class Action

The laws of the state of Israel shall exclusively govern these terms of service. The parties agree to the exclusive jurisdiction of the state and federal courts located in Tel-Aviv County.

You undertake to initiate only suits on your behalf and not to file any class action lawsuit against us.