GoodNotes Terms & Conditions

Last Updated: April 2023

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This Terms & Conditions Agreement (“Terms”) is made by and between GoodNotes Limited, a Hong Kong corporation located at 7th Floor, 8 Observatory Road, Tsim Sha Tsui, Kowloon, Hong Kong (“we”, “our”, “us”, or “GoodNotes”), and you, the user (“you”, “your” or “User”).

These Terms contain the complete terms and conditions that govern the use of the GoodNotes services which includes the GoodNotes mobile application, website and other software, features or content provided by us (including, without limitation, our web-viewer feature and community platform), and any other product or services that links to these Terms, as well as all functionality that GoodNotes makes available (collectively, "GoodNotes Services"). 

BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE GOODNOTES SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THE GOODNOTES SERVICES. GOODNOTES RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THESE TERMS AT GOODNOTES' SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE GOODNOTES SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.goodnotes.com/terms-and-conditions.

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the GoodNotes Services shall constitute your acceptance thereof.

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  1. 1. About us and the GoodNotes Services

    1. The GoodNotes Services include access to the GoodNotes app, Beta, Audio, GoodNotes app on different platforms, internet based, websites, and all other functionality maintained by GoodNotes Limited.

  2. 2. About these Terms

    1. The purpose of these Terms is to define the terms and conditions on which we shall provide access to the GoodNotes Services and allow you to use the various features and functionalities of the GoodNotes Services.

  3. 3. Your use of the GoodNotes Services

    1. The GoodNotes Services are designed to help users take notes, learn and collaborate effectively together. How you are able to use the GoodNotes Services will, to some extent, be determined by whether you have created an account for the GoodNotes Services (a “Registered Member”) or are accessing the GoodNotes Services without a registered profile (an “Unregistered User”). All users of the app will be required to create an account and be a Registered Member, whereas for other features (such as recipients of web-viewer links) it may be possible to access the GoodNotes Services without a registered profile. Your use of the GoodNotes Services is solely for your own personal purposes and solely as enabled by GoodNotes. Your right to use the GoodNotes Services is personal to you and may not be assigned or sublicensed to anyone else. You agree not to use the GoodNotes Services for any other purpose.
    2. The services that are included as GoodNotes Services are:
      1. For users accessing the GoodNotes Services as an Unregistered User:
        1. viewing and editing content that has been uploaded to the GoodNotes Services and shared by Registered Members;
        2. copying links to content uploaded to the GoodNotes Services that has been shared with them by Registered Members; and
        3. browsing the other services and information that are available through the GoodNotes Services.
      2. For users accessing the GoodNotes Services as a Registered Member:
        1. storing notes or other content through the GoodNotes Services for the Registered Member’s own personal use;
        2. posting content for other users to access;
        3. interacting (through “like” and “comment” features) with content that has been uploaded by other Registered Members;
        4. sharing links to content available through the GoodNotes Services with both other Registered Members and Unregistered Users;
        5. generating user questions and problems that other users are able to access and answer; and
        6. accessing other features which may be added from time to time (either as free services, or as paid for services, including teaching and tutoring opportunities, or details about specific materials and revision guides).
        Use of the GoodNotes Services requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is recommended. The latest version of required software is recommended to access the GoodNotes Services and may be required for certain transactions or features, and to download products purchased from the GoodNotes Services. You agree that meeting these requirements, which may change from time to time, is your responsibility, and GoodNotes has no responsibility or liability for your failure to meet such requirements. The GoodNotes Services are not part of any other product or offering, and no purchase or acquisition of any other product shall be construed to represent or guarantee you access to the GoodNotes Services.

        You may access certain GoodNotes Services through a mobile network, your network, or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the GoodNotes Services. Your carrier may prohibit or restrict certain GoodNotes Services and certain GoodNotes Services may be incompatible with your carrier or wireless internet device. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of the GoodNotes Services. You are responsible for ensuring that, at all times while using the GoodNotes Services, you are not in violation of your agreement with your telecommunications carrier.
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    3. Registration and Profile Creation
      1. You will become a Registered Member if you download the GoodNotes app.
      2. In addition, certain GoodNotes Services may require you to create an online profile. In order to create an online profile, you will give us, as applicable depending on the way that you sign up, certain information such as your:
        1. details of your Apple account when you “Sign in with Apple”;
        2. first and last name;
        3. email address;
        4. your country of residence; and
        5. your date of birth (you will not be permitted to create a profile if you are under 16 years of age).
      3. After you complete the profile creation process, your profile will be activated for the relevant GoodNotes Services, unless your profile is not accepted due to not meeting the criteria required for participation in our community (for example, you are not old enough or are prohibited from using the GoodNotes Services).
      4. Upon creating a profile for the relevant GoodNotes Services, it is your responsibility to treat your profile registration and login information relating to the relevant GoodNotes Services as confidential. We are not responsible for any use or misuse of your login information (and resulting access to the GoodNotes Services) arising from your failure to keep your login information safe and confidential, and we may act on any instructions given using your login information. If you know or suspect that anyone other than you knows your login details, please change your login information and notify us immediately.
      5. We may disable any access credentials and/or suspend your access to the GoodNotes Services in the event that we suspect that (a) an unauthorised person is using your access credentials; or (b) you have disclosed your access credentials to a third party in breach of these Terms.
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    4. When you use the GoodNotes Services you must not and must not attempt to:
      1. do anything that is in breach of these Terms or our Community Guidelines (see here (https://support.goodnotes.com/hc/en-us/articles/4405498342415) or misuse any reporting, flagging, complaint or dispute resolution process including by making groundless, vexatious or frivolous submissions;
      2. jeopardise, breach or otherwise circumvent any security or authentication measures;
      3. access, tamper with, or use non-public areas or parts of the GoodNotes Services;
      4. decompile, decode, reverse engineer, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the GoodNotes Services;
      5. download, reproduce, modify, capture, transfer, publish, translate, redistribute, license, sell or otherwise exploit for any purpose, adapt, alter or create derivative works of, any content provided through the GoodNotes Services except for your User Content or other User Content to which you legitimately receive access via our web-viewer feature;
      6. interfere with or disrupt any user, host, or network, for example by sending a virus, malware, overloading, flooding, spamming, or mail-bombing any part of the GoodNotes Services;
      7. sublicense, sell, rent, lease, transfer, distribute, or use the GoodNotes Services for time sharing or service bureau purposes or otherwise for the benefit of a third party;
      8. access, search, or create accounts for the GoodNotes Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
      9. access the GoodNotes Services using any automated means (such as robots, spiders, botnets or scrapers), including to access and scrape data and content from the GoodNotes Services or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the GoodNotes Services;
      10. send unsolicited communications, promotions or advertisements, or spam;
      11. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
      12. promote or advertise products or services without appropriate authorization;
      13. abuse referrals or promotions;
      14. harass, abuse, harm, stalk, threaten or otherwise offend others;
      15. store, publish or share or store content that is pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
      16. store, publish or share material that is fraudulent, defamatory, or misleading;
      17. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
      18. impersonate any person or entity, or otherwise manipulate or forge headers or identifiers to disguise the origin of content;
      19. harvest or otherwise collect information about others, including contact information, e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
      20. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trade mark or patent notices);
      21. advertise any commercial endeavour (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on the GoodNotes Services;
      22. carry out any activity that amounts to a pyramid or other like scheme, including without limitation contests,
      23. solicit money, passwords or personal information from any person;
      24. upload, submit, publish or post any content that infringes or violates (or could reasonably be expected to violate or infringe) the intellectual property rights of any person;
      25. violate the privacy or infringe the rights of others or exploit them in any way;
      26. promote or provide information about unlawful activities or conduct; or
      27. use the GoodNotes Services for benchmarking purposes, as a competitor, or for any illegal purpose.
      While GoodNotes explicitly prohibits the above conduct, you may, despite our best efforts, be exposed to such conduct and content. Your use of the GoodNotes Services is entirely at your own risk.

      We will review your conduct and your User Content for compliance with these Terms from time to time and reserve the right to, in our sole discretion, remove or disable access to your User Content, suspend or terminate your membership or access to all or any part of the GoodNotes Services, including if we believe you are abusing the GoodNotes Services in any way or have breached these Terms.
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    5. While GoodNotes explicitly prohibits the above conduct, you may, despite our best efforts, be exposed to such conduct and content. Your use of the GoodNotes Services is entirely at your own risk.

      We will review your conduct and your User Content for compliance with these Terms from time to time and reserve the right to, in our sole discretion, remove or disable access to your User Content, suspend or terminate your membership or access to all or any part of the GoodNotes Services, including if we believe you are abusing the GoodNotes Services in any way or have breached these Terms.
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    6. User Content
      1. You understand that any upload, comment or post that you share through the GoodNotes Services is not private or confidential and can be read and used by other users. As between you and us, you shall own any intellectual property rights that may subsist in your User Content and, subject to the licences granted below, you have the right to continue to use your User Content in any way you may choose.
      2. You hereby waive any rights of privacy and publicity or any other rights of a similar nature in connection with use of your User Content, or any portion thereof as authorized by these Terms.
      3. By creating, storing, uploading, submitting, posting, sharing or displaying any information, messages, content or material through the GoodNotes Services (“User Content”) or providing any User Content to us or our representative(s), and to the extent permitted under applicable laws, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, and sub-licensable licence to display, store, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of your User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to providing current or future GoodNotes services and/or the operation, promotion or improvement of the GoodNotes Services. You confirm, represent and warrant to us that you have all the rights, power and authority necessary to grant the above licence.
      4. You represent and warrant to us and agree that (a) you shall be solely responsible for obtaining all necessary third party licences and permissions regarding any User Content that you create, store, upload, submit, post, share or display; (b) any User Content that you create, store, upload, submit, post, share or display does not infringe or violate any of the copyright, patent, trade mark, trade name, trade secrets or any other intellectual property, personal or proprietary rights of any third party (“Third Party Rights”).
      5. You represent and warrant that your User Content will not include any information that is personal financial information, sensitive information, personal health information or protected health information (as defined under applicable law). You also represent and warrant that you are not a “covered entity” for purposes of the Health Insurance Portability and Accountability Act or any state equivalent. In addition, you represent and warrant that your submission of User Content will not violate any law or these Terms, including, but not limited to the restriction in Section 3.4 above, and that our use of User Content to provide the GoodNotes Services to you will not violate any law.
      6. We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, stored, uploaded, submitted, posted, shared or displayed by any user of the GoodNotes Services. You are solely responsible for, and may be held legally liable or accountable for, the User Content you create, store, upload, submit, post, share or display through the GoodNotes Services. As such, you agree that we are not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the GoodNotes Services, including infringing, fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with you. We are not responsible and shall have no liability to you or anyone else for any act or omission of any user of the GoodNotes Services.
      7. We reserve the right in our sole discretion to remove, disable access to, modify or reject any User Content that you create, store, upload, submit to, post, share or display through the GoodNotes Services which we reasonably believe is unlawful, violates these Terms, could subject us or our affiliates to liability, or is otherwise found inappropriate in our sole discretion.
      8. You understand and agree that if you delete your account, it may not be possible to completely delete your User Content from the GoodNotes Services, and that your User Content may remain viewable elsewhere as part of the platform.
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    7. GoodNotes Audio
      1. GoodNotes can now be used to record audio in order to enhance your note-taking experience, for example, by contextualising your revision notes with a lecture recording. The content of these audio recordings are within the sole discretion of the user and may contain the user’s or third parties’ voices and content.
      2. GoodNotes will accept no liability for the content of your audio recordings and it is your sole responsibility to not use the audio recordings in a manner that infringes any other person’s intellectual property rights or their rights within our Privacy Policy.

  4. 4. Beta

    1. We may ask you from time to time to participate in the GoodNotes Beta programme and when you do you will comply with the following terms:
      1. This is an open testing beta which means anyone can participate by using our web app or by downloading the ‘GoodNotes’ apps from their respective stores.
      2. We reserve the right to limit or deny access to the Beta, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.
      3. You may terminate your use of the ‘Beta’ by requesting the deletion of your account which will cause any data associated with you and your account to be automatically deleted by us.
      4. Cookies set during your use of the Beta will be retained for the period stipulated in our Cookie policy set out in our Privacy Policy https://www.goodnotes.com/privacy-policy, but upon deletion of your account we erase your user ID and email connected to certain analytics cookies so any lasting cookies become anonymised.
    2. The purpose of the Beta is to improve how our Services perform and ensure a smooth transition to the newly supported platforms. Your feedback can help us achieve this. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GoodNotes will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our Services. To contribute Feedback please submit your ideas to our forum here or contact us at support@goodnotes.com.

  5. 5. Terms in relation to additional services and payment

    1. Certain features that are provided as part of the GoodNotes Services will only be available to you at a charge by GoodNotes.
    2. At the point of registration or at any stage once you have registered, you may purchase these additional premium features by purchasing the paid version of the GoodNotes Services and paying the relevant charge. We will notify you about the relevant additional charge at the point of purchase.
    3. Where required by applicable law only, where you have paid for any part of the GoodNotes Services, you have a period of fourteen days (or other time period required by applicable law) to exercise your statutory right of withdrawal from those GoodNotes Services without penalty and without giving any reason. This period shall begin from the date that you agree to pay for the relevant GoodNotes Services and, provided none of the relevant GoodNotes Services have been performed within that period, you will be entitled to a full refund. For avoidance of doubt, these withdrawal rights only apply where required by applicable law.

  6. 6. Data protection

    1. Our use of your personal data in connection with the GoodNotes Services is subject to our Privacy Policy, which can be found here [https://www.goodnotes.com/privacy-policy]. Our Privacy Policy is expressly incorporated into these Terms, and by using the GoodNotes Services you agree to the collection, use and disclosure practices in our Privacy Policy.
    2. You agree to comply with all applicable laws relating to data privacy including but not limited to collection, processing, use, retention, disclosure and transfer of personal data in connection with your use of the GoodNotes Services.
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  7. 7. Intellectual property rights

    1. Apart from User Content (in relation to which we have been granted a licence pursuant to clause 3.6.3 above, as between you and us, we or an affiliate own and retain all intellectual property rights in the GoodNotes Services and the material published on it, including, among other things, all trade marks, logos, copyright works, service marks and service names, and all other elements related thereto, whether they are registered or not. These various intellectual property rights, whether registered or unregistered are protected by, among other things, intellectual property laws and treaties around the world. We reserve all such rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on or within the GoodNotes Services, including copyright, trademark and other intellectual property notices. All rights not expressly granted by GoodNotes are reserved.
    2. Our status (and that of any contributors identified on the GoodNotes Services) must be acknowledged. You must not in any way use any part of the materials provided through the GoodNotes Services for commercial purposes without obtaining a licence from us or the author to do so.
    3. No rights or title to any of the content provided through the GoodNotes Services, including without limitation User Content, shall be considered transferred or assigned to you at any time. You also agree not to download, reproduce, modify, capture, transfer, publish, translate, redistribute, licence, sell or otherwise exploit, adapt, alter or create a derivative work from, any User Content (apart from your User Content or other User Content to which you legitimately receive access via our web-viewer feature) unless permitted under applicable law, including copyright laws.

  8. 8. Disclaimer of Warranties

    1. THE GOODNOTES SERVICES AND ALL CONTENT AND MATERIAL ACCESSIBLE THROUGH THE GOODNOTES SERVICES, INCLUDING USER CONTENT OF OTHER USERS, ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOODNOTES DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE GOODNOTES SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
    2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOODNOTES SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE GOODNOTES SERVICES.
    3. WE MAKE NO GUARANTEE OF QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE GOODNOTES SERVICES, AND WE RESERVE THE RIGHT TO CHANGE, SUSPEND, WITHDRAW, AMEND OR VARY ANY FUNCTIONALITY OR FEATURE OF THE GOODNOTES SERVICES WITHOUT NOTICE OR INCURRING ANY LIABILITY TO YOU.
      WE CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
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  9. 9. Indemnification

    1. You agree, to the fullest extent permitted by law, to indemnify, save, and hold GoodNotes Limited, its affiliates, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the GoodNotes Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. GoodNotes reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify GoodNotes, and you agree to cooperate with GoodNotes’ defence of these claims. GoodNotes will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
    2. You agree that the provisions in this paragraph will survive any termination of your account(s) or of the GoodNotes Services.
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  10. 10. Third Party Content and Infrastructure

    1. The GoodNotes Services may contain hyperlinks or references to third party websites other than websites operated by GoodNotes. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party websites does not mean that we endorse that third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.
    2. In providing the GoodNotes Services to you, we make use of software and services provided by various third-party service providers. You agree that you will not through either your acts or your omissions in connection with your use of the GoodNotes Services cause us to breach the third-party terms.
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  11. 11. Security

    1. GoodNotes reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing GoodNotes to disclose the identity of any user posting or submitting any content, e-mail messages, notes, or publishing or otherwise making available any materials that are believed to violate these Terms.
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  12. 12. Liability

    1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GOODNOTES SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT GOODNOTES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE GOODNOTES SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT GOODNOTES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GOODNOTES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GOODNOTES SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GOODNOTES SERVICES AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL GOODNOTES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GOODNOTES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
    3. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GOODNOTES ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GOODNOTES IS TO STOP USING THE GOODNOTES SERVICES AND TO CANCEL YOUR ACCOUNT.
    4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GOODNOTES.
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  13. 13.  Termination and Suspension

    1. You may stop using the GoodNotes Services at any time you wish. In particular, if you do not agree with or accept any of these Terms (or updates to them), you should stop using the GoodNotes Services immediately, and such discontinuation of your use of the GoodNotes Services shall constitute your only remedy.
    2. We reserve the right to suspend or terminate your access to the GoodNotes Services immediately if:
      1. you are in breach or violation of these Terms;
      2. you use the GoodNotes Services in a manner which would cause a risk of harm or loss to us or others; or
      3. if any third party providers whose software or services we require to provide the GoodNotes Services suspend or terminate the provision of their software or services to us.
      4. in appropriate circumstances, if you are an infringer of Intellectual Property Rights, including but not limited to copyright, or are repeatedly charged with Intellectual Property Rights infringement, including but not limited to copyright infringement.
    3. We reserve the right to suspend or terminate your access for any other reason or no reason, provided that if we do so, we will give you not less than 1 week’s notice before doing so.
    4. Upon termination of your access to the GoodNotes Services and any portions thereof howsoever arising, we may also terminate your access to your User Content and/or delete or disable your User Content.
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  14. 14.  Discontinuation

    1. We may decide to discontinue the GoodNotes Services for any reason or no reason. If we do so, we will endeavour to give you reasonable prior notice of us doing so, although such notice may not be possible if the discontinuation is due to unforeseen circumstances beyond our control or due to the need to comply with a legal requirement.
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  15. 15. Linking to the GoodNotes Services

    1. You may link to the GoodNotes Services from your website, as long as it is done in a way that is both fair and legal. This includes, but is not limited to, the sharing of social media content.
    2. You must not link to the GoodNotes Services if doing so may damage our reputation or where you suggest any form of association, approval or endorsement on our part where none exists or in any way that is inaccurate or misleading.
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  16. 16. Additional provisions

    1. GoodNotes reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms and or any other rights or responsibilities we may have. You agree that we have the right, without liability to you, to disclose any registration data and/or account information, including without limitation, your information and personal information, your User Content and any other content or submissions that you provide to us, to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to protect our rights or the rights of a third party, or to meet any applicable law, regulation, subpoena, legal process or governmental request; enforce applicable these Terms, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; and to protect against harm to the rights, property or safety of GoodNotes, our Users, customers or the public as required or permitted by law.
    2. We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate these Terms, in whole or in part, nor any rights or obligations under these Terms without GoodNotes’ prior written consent, and any unauthorised assignment and delegation by you is void.
    3. The contract incorporating these Terms is between you and us. There are no third party beneficiaries to these Terms (unless explicitly stated herein), and no other person shall have any rights to enforce any of these Terms.
    4. If, for any reason, we fail to enforce any provision of these Terms, this will not affect our right to later enforce that or any other provision. Any agreement not to enforce, amendment or modification of these Terms must be in writing in order for it to be effective.
    5. If any provision of these Terms is found to be unenforceable, that provision will be deemed severable from these Terms to the minimum extent necessary in order that the other provisions of these Terms remain in full force and effect and shall not affect the validity and enforceability of any remaining provisions.
    6. Under no circumstances is any independent contractor, agency, partnership, joint venture or other such relationship created by these Terms.
    7. Accrued obligations and provisions of these Terms, which by their nature should survive the termination of these Terms, shall survive such termination.
    8. GoodNotes may publish additional policies related to specific services such as applications for mobile devices, games, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
    9. You acknowledge that the rights granted and obligations made under these Terms to GoodNotes are of a unique and irreplaceable nature, the loss of which shall irreparably harm GoodNotes and which cannot be replaced by monetary damages alone. Accordingly, GoodNotes shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
    10. GoodNotes shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GoodNotes, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GoodNotes’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
    11. These Terms including any supplemental policies and any documents expressly incorporated herein by reference (including GoodNotes’ Privacy Policy) constitute the entire agreement and understanding between you and GoodNotes relating to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and GoodNotes with respect to the GoodNotes Services. GoodNotes may revise these Terms of Use at any time by updating this posting. You should review the Terms from time to time to determine if any changes have been made to the Terms. Your continued use of the GoodNotes Services after any changes have been made to the Terms signifies and confirms your acceptance of any changes or amendments to the Terms.
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  17. 17. Governing law and jurisdiction

    1. These Terms, the Website and any information contained in it will be governed by the laws of England and Wales, and the courts of England and Wales will have non-exclusive jurisdiction to hear any dispute arising from these. You agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms, the GoodNotes Services or the legal relationship established by them, and for those purposes irrevocably submitted to the jurisdiction of the English Courts.

      For the exclusive benefit of GoodNotes, GoodNotes shall also retain the right to bring proceedings against you in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
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  18. 18. Governing law and jurisdiction

    The following supplemental terms shall apply when accessing the GoodNotes Services and applications through the Apple App Store.By downloading the GoodNotes Services or our application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
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    1. These Terms between GoodNotes and you; Apple is not a party to these Terms.
    2. The licence granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the GoodNotes Services on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
    3. Apple is not responsible for the GoodNotes Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the GoodNotes Service.
    4. In the event of any failure of the GoodNotes Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the GoodNotes Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the GoodNotes Services.
    5. Apple is not responsible for addressing any claims by you or a third party relating to the GoodNotes Services or your possession or use of the GoodNotes Services, including without limitation (a) product liability claims; (b) any claim that the GoodNotes Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
    6. In the event of any third party claim that the GoodNotes Services or your possession and use of the GoodNotes Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
    7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
    9. GoodNotes expressly authorises use of the GoodNotes Services by multiple users through the Family Sharing or any similar functionality provided by Apple.

  19. 19. Contacting us

    1. You can get in touch with us via support@goodnotes.com.
    2. When you contact us in this way, we will ask you for your name and email address. We will treat this data in line with our privacy policy https://www.goodnotes.com/privacy-policy.

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