Terms of Service

Thanks for choosing NoteSwipe ("NoteSwipe", "we", "us", "our"). By using the NoteSwipe service, websites, or software applications (together, the "NoteSwipe Service" or "Service"), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with our company EchoValley Technology (HK) Limited (Unit A53M186，29/F., Legend Tower, 7 Shing Yip Street, Kwun Tong, Kowloon HK). Your agreement with us includes these Terms and Conditions of Use ("Terms") and our Privacy Policy (together with the Mobile Terms where applicable, the "Agreements"). If you don't agree with these Terms, then please don't use the Service. In order to use the NoteSwipe Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian's consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to NoteSwipe is true, accurate and complete, and you agree to keep it that way at all times.

Occasionally we may, in our discretion, make changes to the NoteSwipe Service and Agreements. When we make changes to the Agreements that we consider material, we'll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3.1

By using the NoteSwipe Service you warrant that you use NoteSwipe only for educational purposes.

3.2

The creation of a user account at NoteSwipe is always for free. But most of the content or features are only available with a paid subscription of NoteSwipe premium ("paid subscription", "premium Service"). The premium Service permits you to access all content and features included in the selected paid subscription on all your devices.

3.3

From time to time, we may offer trials of the Premium Service period without payment (a "Trial"). NoteSwipe reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, we'll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring basis, depending on the selected trial. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel the NoteSwipe Premium Service through your NoteSwipe account's settings before the end of the Trial.

The NoteSwipe Service and the content provided through it are the property of NoteSwipe or NoteSwipe's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial (except as permitted under Section 11) use of the NoteSwipe Service.

The NoteSwipe software applications are licensed, not sold, to you, and NoteSwipe retains ownership of all copies of the NoteSwipe software applications even after installation on your Devices. NoteSwipe may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party. This expressly prohibits the transfer and sale of accounts or subscriptions of all durations, including a lifelong duration.

You agree to abide by our User Guidelines and not to use the NoteSwipe Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the NoteSwipe Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service

You grant NoteSwipe a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the NoteSwipe Service.

These Terms are not intended to grant rights to anyone except you and NoteSwipe, and in no event shall these Terms create any third party beneficiary rights. Any failure by NoteSwipe to enforce these Terms or any provision thereof shall not waive NoteSwipe's right to do so.

Please follow these rules and encourage other users to do the same:

NoteSwipe respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:

• (a) Copying, reproducing, "ripping", recording, or making available to the public any part of the NoteSwipe Services or content delivered to you via the NoteSwipe Services, or otherwise any making use of the NoteSwipe Service which is not expressly permitted under these Terms;
• (b) using the NoteSwipe service to import or copy any local files you do not have the legal right to import or copy in this way;
• (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the NoteSwipe Services or any part thereof;
• (d) circumventing any technology used by NoteSwipe, its licensors, or any third party to protect content accessible through the Service;
• (e) renting or leasing of any part of the Services;
• (f) circumventing of any territorial restrictions applied by NoteSwipe;
• (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
• (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the NoteSwipe Service;
• (i) providing your password to any other person or using any other person's user name and password.

Please respect NoteSwipe and other users of the NoteSwipe Service. Don't engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that:

• (a) is offensive, abusive, defamatory, pornographic or obscene;
• (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of NoteSwipe or a third party;
• (c) includes personal data of third parties or is intended to solicit such personal data,
• (d) includes malicious content such as malware, Trojan horses or viruses, or otherwise interferes with any user's access to the Service;
• (e) is intended or does harass or bully other users;
• (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading;
• (g) conflicts with the Agreement, as determined by NoteSwipe. You agree that NoteSwipe may also reclaim your username for any reason.

Please be thoughtful about what you make public on NoteSwipe. The NoteSwipe Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on NoteSwipe or across the web, so please use NoteSwipe carefully and manage your account settings regularly. NoteSwipe has no responsibility for your choices to make any actions or material public on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

NoteSwipe respects the rights of intellectual property owners. If you are a copyright holder and you believe that any of the copyrighted material which is directly available via the NoteSwipe Service infringes your copyrighted work, please let us know. Please send NoteSwipe a notice of alleged copyright infringement. Alternatively, pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 United States Code § 512(c)(3), a notice of alleged copyright infringement should be sent to NoteSwipe's designated copyright agent at the following address:

EchoValley Technology (HK) Limited
Unit A53M186，29/F., Legend Tower, 7 Shing Yip Street, Kwun Tong, Kowloon HK
Email: contact@noteswipe.com

A notification of alleged copyright infringement must be addressed to NoteSwipe's copyright agent as listed above and include the following:

1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
2. Specific identification of each copyrighted work claimed to have been infringed;
3. A description of where the material believed to be infringed is located on NoteSwipe Service or the NoteSwipe Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NoteSwipe will make reasonable efforts to keep the NoteSwipe Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. NoteSwipe reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the NoteSwipe Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the NoteSwipe Service or any function or feature thereof. You understand and agree that NoteSwipe has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

If you have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the "Cooling-off Period")

If you have a Paid Subscription, your payment to NoteSwipe will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If the cancellation is made less than 48 hours before the end of the current contract period, it is possible that the payment provider has already initiated the contract extension. In this case, the respective amount will still be debited despite termination. If there is such an overlap between cancellation and payment processing, the amount will of course be refunded. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

NoteSwipe may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the NoteSwipe Service after the price change takes effect, you accept the new price.

These Terms will continue to apply to you until terminated by either you or NoteSwipe. NoteSwipe may terminate the Terms or suspend your access to the NoteSwipe Service at any time, including in the event of your actual or suspected unauthorised use of the NoteSwipe Service or non-compliance with the Terms. If you or NoteSwipe terminate the Terms, or if NoteSwipe suspends your access to the NoteSwipe Service, you agree that NoteSwipe shall have no liability or responsibility to you and NoteSwipe will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To terminate your NoteSwipe account please contact us via contact@noteswipe.com or use the message system within the NoteSwipe service.

The regulations listed under points 10. and 11. apply exclusively to direct purchases from NoteSwipe China. These direct purchases can only be carried out on a laptop or PC in the web version of the app.

If a subscription was purchased through a third-party provider (Google Play Store or Apple iTunes), the terms and conditions of that third-party provider apply. In these cases, the subscription administration is carried out via the subscription management of the Google Play Store or Apple iTunes.

We endeavor to provide the best service we can, but you understand and agree that the NoteSwipe service is provided "as is", without express or implied warranty or condition of any kind. You use the NoteSwipe service at your own risk. NoteSwipe disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.

In addition, NoteSwipe does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third-Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the NoteSwipe Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that NoteSwipe is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the NoteSwipe Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from NoteSwipe shall create any warranty on behalf of NoteSwipe in this regard. Some aspects of this section may not apply in some jurisdictions.

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the NoteSwipe Service, the Third Party Applications or the Third Party Application content is to uninstall any NoteSwipe software and to stop using the NoteSwipe Service, the Third Party Applications or the Third Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NoteSwipe, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE NoteSwipe SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NoteSwipe HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE NoteSwipe SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO NoteSwipe DURING THE PRIOR THREE MONTHS IN QUESTION.

Nothing in these Agreements removes or limits NoteSwipe's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

These Agreements constitute all the terms and conditions agreed upon between you and NoteSwipe and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to NoteSwipe are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by NoteSwipe that are not contained in the Agreements.

Please note, however, that other aspects of your use of the NoteSwipe Service may be governed by additional agreements. That could include, for example, access to the NoteSwipe Community for customer support, access to the NoteSwipe Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of China. Further, you and NoteSwipe agree to the exclusive jurisdiction of China to resolve any dispute, claim or controversy that arises in connection with these Agreements.