Terms of Service
Effective date:
These Terms of Service (“Terms”) govern your use of the Notoir mobile application (“Notoir”, “the App”), provided by **, address: (“we”, “our”, “us**”).
By installing or using the App you agree to these Terms. If you do not agree, do not install or use the App.
1. Eligibility
You must be at least ** years old to use the App. By using it, you represent that you meet this age requirement and have the legal capacity to enter into a binding agreement under the law of your country of residence.
2. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, solely for your personal, non-commercial use, subject to these Terms and the rules of the platform from which you obtained the App (Apple App Store EULA or Google Play Terms of Service, as applicable).
You may not:
- Reverse-engineer, decompile, or disassemble the App, except to the extent expressly permitted by mandatory law (e.g. Art. 6 of EU Directive 2009/24/EC).
- Remove, obscure, or alter any copyright, trademark, or proprietary notice.
- Use the App in any unlawful manner, or in violation of these Terms.
- Distribute, sublicense, lease, or otherwise transfer access to the App to third parties.
3. Your content
The App allows you to create personal content — journal entries, drawings, photos, mood records, and similar (“Your Content”).
- Your Content is stored exclusively on your device in encrypted form. We do not have access to it.
- You retain all rights to Your Content. We claim no ownership and no right to use, display, copy, or analyse it.
- You are responsible for the legality of Your Content and for keeping your own backups. The App provides an export feature; we recommend exporting periodically.
If you lose access to your device or your authentication credentials, we cannot recover your data — neither we nor any third party holds a copy or a key.
4. Subscriptions and in-app purchases
Some features of the App may be offered on a paid basis through subscriptions or one-time in-app purchases sold via the Apple App Store or Google Play.
- All purchases are processed by the platform store under the store’s own terms; we do not receive payment information.
- Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the end of the current period, in accordance with the store’s rules.
- You can manage or cancel your subscription at any time through the device settings of your platform account (App Store / Google Play subscription management).
- Refunds are handled by Apple or Google according to their published policies. We may, at our discretion, also process direct refund requests by email.
- Prices may change with prospective effect; you will be notified before any renewal at the new price.
If a feature has been advertised as part of a subscription tier and we discontinue or materially change it, you may cancel and request a pro-rata refund for the unused portion of the current billing period by writing to **.
EU statutory withdrawal right
If you are a consumer in the European Union, you have a 14-day right of withdrawal for digital purchases under Directive 2011/83/EU. By starting use of paid features immediately after purchase, you expressly consent to performance during this period and acknowledge that the right of withdrawal lapses upon completion (Art. 16(m) of the Directive). You may still cancel the renewal at any time as described above.
5. Intellectual property
All rights in the App’s source code, design, trademarks, names, logos, and documentation, with the exception of Your Content, belong to us or our licensors and are protected by international copyright, trademark, and other intellectual-property laws. Nothing in these Terms transfers any of those rights to you beyond the limited licence in Section 2.
6. Third-party services
The App makes use of two third-party services in a strictly limited way:
- Sentry GmbH (Germany) — anonymised crash and error reports.
- komoot GmbH / Photon (Germany) — reverse geocoding for the optional “show city” feature.
The use, scope, and legal basis for each service are described in our Privacy Policy. Subscriptions are processed by Apple or Google as platform stores.
7. Disclaimer of warranties
To the maximum extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- the App will function uninterrupted, error-free, or free from defects;
- the App will be compatible with every device or OS version;
- any data you store in the App will be preserved in case of device loss, OS upgrade, App reinstallation, or hardware failure.
You are solely responsible for backing up Your Content. The App’s export feature is provided for that purpose.
This section does not exclude statutory consumer rights that cannot be excluded under applicable law (in particular under Sections 434–479 of the German Civil Code (BGB) for consumer contracts).
8. Limitation of liability
To the maximum extent permitted by law, our liability for any claim arising out of or in connection with these Terms or your use of the App is limited as follows:
- We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health, and under the German Product Liability Act (ProdHaftG).
- For damage caused by simple negligence, we are liable only for breach of a material contractual obligation (cardinal obligation) and the liability is limited to the foreseeable damage typical for this type of contract.
- For all other cases of simple negligence, our liability is excluded.
- In no event shall our aggregate liability for damages exceed the amount you have paid for the App in the twelve months preceding the event giving rise to the claim, or, if the App was free of charge, the price of a one-month subscription at the time of the event.
Nothing in this section limits your statutory rights as a consumer that cannot be limited under mandatory law.
9. Termination
You may stop using the App and delete it from your device at any time. These Terms terminate automatically upon deletion of the App.
We may suspend or terminate your right to use the App immediately, without notice, if you materially breach these Terms or applicable law. Termination does not affect provisions that by their nature should survive (Sections 5, 7, 8, 10).
10. Governing law and venue
These Terms are governed by the law of , excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer with habitual residence in another country of the European Union, mandatory consumer-protection rules of that country apply in addition.
The exclusive venue for any dispute, to the extent legally permissible, is .
The European Commission provides a platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board.
11. Changes to these Terms
We may update these Terms from time to time. The current version is always available at https://aleksblv.github.io/notoir-legal/terms/. Material changes will be announced through an in-App notice. If you do not agree with the changes, your only remedy is to stop using the App.
12. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect. The invalid provision shall be replaced by a valid provision that approximates the original economic intent as closely as legally possible.
13. Contact
Email: **
This document is the official Terms of Service of the Notoir application. The English version is authoritative; translations into other languages are provided for convenience.