Terms & Conditions‍

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Last Updated: September 2024

Old Version: December 2023

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Welcome to Goodnotes!

Our Terms & Conditions create a legal relationship between you and us.

Here's what you can expect from them:

  • Essential information for using Goodnotes.
  • Your rights as our valued customer.
  • Guidance to respect copyright and avoid infringement.
  • Restrictions on using Goodnotes in harmful or undesirable ways.

As we improve and evolve our services, we'll do our best to notify you before any changes to these terms take effect. Keep in mind that new terms may apply when uploaded to our site.

Thank you for choosing Goodnotes!

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  • This Terms & Conditions Agreement (“Terms”) is made by and between Goodnotes Limited, a private limited company with its registered office at 1 Bartholomew Lane, London, United Kingdom, EC2N 2AX and with company number 12889528 (“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 application (including Goodnotes iOS, Windows, Web application and Android), Goodnotes Cloud, Goodnotes Account and other software, features or content provided by us (including, without limitation, Goodnotes All Platforms, Goodnotes Beta, Goodnotes Experimental Features, Goodnotes AI, and Goodnotes Marketplace, Goodnotes Business and Goodnotes Enterprise. Goodnotes Marketplace, Business and Enterprise are governed by separate terms and conditions you may enter into with Goodnotes upon purchasing these services) and any other product or services that links to these Terms, as well as all functionality that Goodnotes makes available (collectively, "Goodnotes Services"). Certain features of the Goodnotes Services may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Goodnotes Services or otherwise made available to you in connection with such features. All such applicable additional terms, guidelines, conditions and rules, are incorporated by reference into these Terms. If you are located in a country of the European Union, please refer to the supplemental EU terms modifying and supplementing these Terms (‘EU Supplemental Terms’).

    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 WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE GOODNOTES SERVICES.

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

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  1. 1. About us and the Goodnotes Services

    1. The Goodnotes Services include access to the Goodnotes app (as it is available on different digital platforms, including Android, Windows, iOS and web application (together, the “App Distribution Platforms” and each and “App Distribution Platform”) and all other functionality maintained by Goodnotes Limited (including Goodnotes Cloud, Goodnotes Beta, Goodnotes Marketplace and Experimental Features).

  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 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; 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. sharing content for other users to access;
        3. sharing links to content available through the Goodnotes Services with both other Registered Members and Unregistered Users; and
        4. accessing other features which may be added from time to time (either as free services, or as paid for services).
    2. System Requirements and Data Charges
      1. Use of the Goodnotes Services requires compatible devices, Internet access, and certain software. The Goodnotes Services require a mobile phone or tablet device and the relevant App Distribution Platform will provide, where applicable, details of the minimum memory and operating system required at the point of download.
      2. You may access certain Goodnotes Services through a mobile network or roaming providers’ networks and standard messaging, data, and other fees may be charged by the provider to access the Goodnotes Services. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of the Goodnotes Services.
    3. Registration and Profile Creation
      1. We do not permit you to create a profile if you are under 16 years of age. If you are under 16, please refrain from attempting to register for an account with the Goodnotes Services. But if you're the family, parent or a guardian, you can create a Goodnotes account for your child. Please have them read this Agreement with you. We also refer to our privacy policy at https://www.goodnotes.com/privacy-policy.
      2. 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. You must not share your Goodnotes profile registration or login information with anyone, and you must protect the security of your Goodnotes profile registration and login information. You are responsible for any activity associated with your Goodnotes account. This also applies if you use special password functions, in particular password protection within Goodnotes Services and/or Goodnotes application. In this respect, we also refer to the corresponding App Distribution Platform's terms and conditions for the use of this service. In case you lose your login information you may no longer be able to access your documents. Goodnotes is 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.
      3. We may disable any access credentials and/or suspend your access to the Goodnotes Services if we reasonably suspect that (a) an unauthorised person is using your access credentials until you can reclaim ownership, (b) you have disclosed your access credentials to a third party in breach of these Terms or (c) none payment of any fees or other sums due to Goodnotes.
    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 misuse any reporting, flagging, complaint or dispute resolution process including 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 directly, indirectly or by other Users;
      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. access or use the Goodnotes Services in any manner, including in regards to data storage, in excess of any fair usage limits as determined by Goodnotes;
      11. violate any applicable law, third party rights and our rights when using Goodnotes AI;
      12. send unsolicited communications, promotions or advertisements, or spam;
      13. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
      14. promote or advertise products or services without appropriate authorization;
      15. abuse referrals or promotions;
      16. harass, abuse, harm, stalk, threaten or otherwise offend others;
      17. store, input, publish or share content that is pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
      18. store, input publish or share material that is fraudulent, defamatory, misleading or constitutes misinformation or disinformation;
      19. 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;
      20. impersonate any person or entity, or otherwise manipulate or forge headers or identifiers to disguise the origin of content;
      21. 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;
      22. 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);
      23. 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;
      24. carry out any activity that amounts to a pyramid or other like scheme, including without limitation contests,
      25. solicit money, passwords or personal information from any person;
      26. upload or share any content that infringes or violates (or could reasonably be expected to violate or infringe) the intellectual property rights of any person;
      27. violate the privacy or infringe the rights of others or exploit them in any way;
      28. mislead any person that the response ("Output") generated by Goodnotes AI was solely human-generated;
      29. generate spam or content for dissemination when using Goodnotes AI;
      30. promote or provide information about unlawful activities or conduct; or
      31. use the Goodnotes Services for benchmarking purposes, as a competitor, or for any illegal purpose.
    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.
    6. User Content – Your Rights and Responsibilities
      1. User Content and Feature Feedback: When using Goodnotes Services you may upload, display or input your User Content on or through Goodnotes Services. Your notebooks and documents may contain text, audio, graphics, data, information, photos, images and illustrations, and you may voluntarily submit feedback to us on some features of the Goodnotes Services (“Feature Feedback”) (all being known as and referred to as “User Content”).
      2. Rights on User Content: You own all applicable intellectual property rights, including copyright and rights in confidential information or trade secrets, in your User Content.
      3. For us to perform Goodnotes Services, we must obtain from you a licence to your User Content. You therefore, grant us, to the extent necessary, solely in connection with providing current, future or improved Goodnotes Services to you and by making your User Content available through Goodnotes Services, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, and sub-licensable licence to access, host, cache, store, transmit, reproduce, distribute and modify (only in relation to formatting if necessary), duplicate, adapt, translate and, create derivative works of, the User Content. Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use your data to improve Goodnotes Services only if you manually submit your Feature Feedback on Goodnotes Services. By manually submitting your Feature Feedback, you permit us to use, improve, or incorporate the Feature Feedback to train and improve our machine learning models and to implement and integrate the Feature Feedback into 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. Rights to user content and third party rights: You represent and warrant to us and agree that (a) you own all of your User Content or otherwise have sufficient rights to provide it to the Goodnotes Services; (b) you shall be solely responsible for obtaining all necessary third party licences and permissions regarding any User Content that you create, store, upload, input, submit, post, share or display; (c) any User Content that you create, store, upload, input, 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, privacy, personal or proprietary rights of any third party (“Third Party Rights”).
      5. Impermissible Information: 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 US-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 restrictions in this clause and in Section 3.5 above, and that our use of User Content to provide the Goodnotes Services to you will not violate any law.
      6. Responsibility for User Content: We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, stored, uploaded, inputted, 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, input, 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, unlawful 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. Reservation of rights: Notwithstanding the previous provision, we reserve the right in our reasonable 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, breaches these Terms, is an abuse of the Goodnotes Services, could subject us or our affiliates to liability, or in response to a complaint or takedown request in accordance with our takedown policy, or is otherwise found inappropriate in our sole discretion. In the event of severe or repeated infringements by the same user, we also reserve the right to terminate the user's account at our own discretion.
      8. We do not actively monitor or view User Content. However, we provide users with a tool, the Takedown Request, with which they can report user content that may violate these Terms and Conditions and/or the law. This tool is available at: https://www.goodnotes.com/take-down-requests

  4. 4. Additional Goodnotes Services

    1. The Goodnotes Services that you are entitled to use will be determined by the App Distribution Platform you use to download the relevant Goodnotes Services, as well as which features of the Goodnotes Services you sign up for. At the point of registration or at any stage once you have registered, you may register for or purchase additional premium features by registering for or purchasing the relevant feature and, where applicable, paying the relevant charge. We will notify you about any relevant additional charge at the point of purchase, as well as any additional terms that apply to your use of that feature.
    2. Additional features that you may register for include:
      1. Audio Recording Feature: 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. It is your sole responsibility not to use the audio recordings in a manner that infringes any other person’s intellectual property rights or the use restrictions set out at Section ‎3.5.
      2. Goodnotes Beta version: We may ask you to participate in the Goodnotes open testing beta (“Goodnotes Beta”). Where we do this, you may provide feedback and your feedback can help us improve the Goodnotes Services. 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 licence to implement, use, modify, commercially exploit and/or incorporate the Feedback into the Goodnotes Services.
      3. Goodnotes Cloud: Depending on the App Distribution Platform you use to download the relevant Goodnotes Services, you may also have access to Goodnotes Cloud, which allows you to back up the User Content you upload to the Goodnotes Services. Your use of Goodnotes Cloud will be subject to the restrictions in Section ‎3.5, including that your use must comply with Goodnotes' fair usage requirements. In accordance with our fair usage requirements, we may limit your bandwidth (the "Bandwidth") to control excessive usage if you exceed the 100GB per month threshold. For further information, see our pricing page. Notwithstanding this section and in accordance with the provisions of Section 13, we shall be entitled to increase or decrease the Bandwidth of Goodnotes Cloud at any time to reflect the changes.
      4. Goodnotes AI: Goodnotes AI includes the features or functionalities provided by Goodnotes that leverage machine learning models, as specified in user guides and documentation made available to the user. Your use of Goodnotes AI will be subject to the restrictions in Section ‎3.5, including that your use must comply with Goodnotes' fair usage requirements. You acknowledge and agree that if you exceed the fair usage requirements, we may reduce or turn off the performance of the Goodnotes AI feature. For further information, see our pricing page. You are responsible for how you use Goodnotes AI, and your use of the Goodnotes AI does not violate the intellectual property rights of others or violate the restrictions set out in Section 3.5. Notwithstanding this section and in accordance with the provisions of Section 13, we shall be entitled to reflect, change or update the Goodnotes AI fair usage requirements at any time.
      5. Experimental Features: We may allow you to use Experimental Features from time to time. Experimental Features include features that are not yet fully developed and for which the design has not yet been finalized. Goodnotes may decide whether Experimental Features are made available to all or some users for testing purposes, to provide feedback and/or other purposes. Goodnotes reserves the right to make Experimental Features available or to deactivate such features at its own discretion. Your use of Experimental Features will be subject to the use restrictions set out at Section ‎3.5, including that your use must comply with Goodnotes’ fair usage requirements.

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

    1. you have exercised your statutory right of withdrawal from those Goodnotes Services within a period of fourteen (14) days (or other time period required by applicable law) starting from the date you subscribe to use the relevant Goodnotes Services; or
    2. The charges can be structured either as:
      1. A recurring subscription fee that you will be required to pay on an annual basis in order to continue to use the relevant Goodnotes Services – such subscription will renew automatically unless otherwise agreed and/or you cancel the recurring subscription before the next successive renewal period. If you choose not to cancel your recurring subscription, your subscription will automatically renew at a subscription fee in effect at the then-current rate; or
      2. A one-off fee that will entitle you to use the relevant Goodnotes Services for as long as Goodnotes supports that version of the relevant Goodnotes Service – by way of example, the latest version of the Goodnotes application is Goodnotes 6. If you purchase Goodnotes 6 using the one-off fee, you will be able to use Goodnotes 6 for as long as Goodnotes supports Goodnotes 6.
    3. Where you register for a particular Goodnotes Service, we will notify you about the relevant additional charges and how the charge is structured at the point of purchase.
    4. Refund: Where you have paid for any part of the Goodnotes Services, you may be entitled to a refund if:
      1. you have exercised your statutory right of withdrawal from those Goodnotes Services within a period of fourteen (14) days (or other time period required by applicable law) starting from the date you subscribe to use the relevant Goodnotes Services; or
      2. the App Distribution Platform’s terms mean that in the circumstances you are entitled to a refund, in which case the App Distribution Platform will be responsible for processing such refund.

  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.
    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.

  7. 7. Intellectual property rights

    1. Apart from your User Content, 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 trademarks, 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. You agree that the rights in these paragraphs will survive any termination of your account(s) or of the Goodnotes Services.

  8. 8. Accuracy of information and availability of the Goodnotes Services

    1. While we try to make sure that the Goodnotes Services are accurate, up-to-date and free from bugs and viruses, we cannot guarantee that they will be. Any reliance that you may place on the information on or operation of the Goodnotes Services is at your own risk. To the fullest extent permitted by law, we, our affiliates, suppliers, resellers and distributors make no warranties, either expressed or implied, about the Goodnotes Services. The Goodnotes Services are provided "as is".
    2. Free Goodnotes Services: While we try to make sure that the Goodnotes Services are available for your use, we do not promise that the Goodnotes Services are available at all times nor do we promise that your use of the Goodnotes Services will be uninterrupted. You are responsible for backing up, to your own computer or other device, any important documents, images or other User Content that you store via the Goodnotes Services. Goodnotes makes no representation or warranties concerning any third party product, service or website linked from the Goodnotes Services.
    3. Paid-for Goodnotes Services: Insofar as explicit agreements on the characteristics of the Goodnotes Services have been concluded between you and Goodnotes, these shall apply. Otherwise, the statutory provisions apply.

  9. 9. 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. 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. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them, with the exception of damages resulting from injury to life, body or health or damages resulting from gross negligence of Goodnotes.

  10. 10. 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 believed to have violated these Terms.

  11. 11. Liability

    1. These Terms exclude or limit our liability arising out of the use of, or relating to, the Goodnotes Services to the extent that the law permits us to do so. We do not exclude or limit our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the laws of England and Wales.

  12. 12.  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. Goodnotes has the sole right to decide whether you are in violation of any restriction within these Terms;
      2. you use the Goodnotes Services in a manner which would cause a risk of harm or loss to us or others;
      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 and/or Third Party Rights, including but not limited to copyright, or are repeatedly alleged to have infringed intellectual property rights or Third Party Rights, including but not limited to copyright infringement;
      5. if your account is inactive, has not been used or dormant for more than 1-year period following the termination of your recurring subscription fee that is payable annually to use Goodnotes Services;
      6. if your account is inactive, has not been used or dormant for more than 1-year period following your purchase of a one-off fee to use Goodnotes Services; or
      7. if you failed to pay your recurring subscription fee to use Goodnotes Services.
    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, unless we decide in our sole discretion it would be impractical, would violate another person’s interests, is illegal or otherwise harmful to Goodnotes to provide this notice.
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  13. 13.  Changes to the Goodnotes Services

    1. We are always aiming to improve the Goodnotes Services, so they may change over time. As part of this continuous evolution, we may decide to discontinue the Goodnotes Services for any reason that makes this appear reasonable in view of your interests and – in case you use the free Goodnotes services – even without reason, or we may introduce new features or restrict access to certain features. If the changes are significant changes, in particular changes to the rules on the content permitted on Goodnotes or changes that could directly affect your ability to use the service, we will inform you in advance of the intended changes. Also for other changes we will endeavour to give you reasonable prior notice of us doing so, although such notice may not be possible if the change is due to unforeseen circumstances beyond our control or due to the need to comply with a legal requirement.
    2. If you have made a one-off fee to use Goodnotes feature in accordance with Section ‎5.2.2 of these Terms, provided your access to that Goodnotes Service has not been terminated in accordance with Section ‎12 above, we will provide you with access to that Goodnotes Service until we discontinue it in accordance with this Section ‎13.

  14. 14. Additional provisions

    1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing (including email) if this happens and we will ensure that the transfer will not affect your rights under these Terms.
    2. 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.
    3. 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.
    4. Should any provision of this Terms be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. The other provisions of these Terms shall remain in full force and effect and the validity and enforceability of the remaining provisions shall not be affected.
    5. Under no circumstances is any independent contractor, agency, partnership, joint venture or other such relationship created by these Terms.
    6. Accrued obligations and provisions of these Terms, which by their nature should survive the termination of these Terms, shall survive such termination.
    7. 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.
    8. 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.
    9. 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, labour or materials.
    10. These Terms including any supplemental policies and any documents expressly referenced (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.
    11. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you advance notice of any change by communicating to you details of the change or notifying you of a change when you next access the Goodnotes Services. If you do not accept the notified changes you will not be permitted to continue to use the Goodnotes Services.
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  15. 15. 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.
    2. The courts of England and Wales will have non-exclusive jurisdiction to hear any dispute arising from these Terms. 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.
    3. 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.

  16. 16. App Distribution Platform Additional Requirements

    1. The App Distribution Platform you use to download the Goodnotes Services may impose additional terms on how you use the Goodnotes Services.
    2. 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:
      1. These Terms are 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 Services.
      4. In the event of any failure of the Goodnotes Services to conform to any applicable warranty that cannot be disclaimed, you may notify Apple. In such a scenario and if it is proved that there is a failure to comply with an applicable warranty, Apple may 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.
    3. The following supplemental terms shall apply when accessing the Goodnotes Services and applications through the Samsung Galaxy Store. You specifically agree and acknowledge that:
      1. THAT THE APPLICATION THAT IS INCLUDED HEREIN, AND ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH SUCH APPLICATION, ARE BEING PROVIDED TO YOU BY GOODNOTES AND NOT BY SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH APPLICATION, SERVICE AND CONTENT ARE GOVERNED BY GOODNOTES LIMITED’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENTS AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO SUCH THIRD PARTY SERVICE PROVIDERS’ WILL BE SUBJECT TO SUCH THIRD PARTY SERVICE PROVIDERS’ PRIVACY POLICY.
      2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SAMSUNG IS NOT RESPONSIBLE FOR ANY PRIVACY OR ANY OTHER PRACTICES OF SUCH THIRD PARTY SERVICE PROVIDERS’, AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH APPLICATIONS, SERVICES, CONTENTS OR YOUR USE THEREOF.

  17. 17. Contacting us – Customer Support

    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.
    3. You can also use our Customer Support ("Answer Bot"). This Answer Bot is a virtual assistant based on third party software, which is intended to support you in the operation of the Goodnotes-Services and is therefore of an exclusively informative nature. No obligations arise from communication with the Answer Bot. Furthermore, no explicit agreements are made through communication with the Answer Bot. Any reliance you place in the information provided by the Answer Bot is at your own risk. In this respect, you have the responsibility to read the information provided on the website, to check its compatibility with these terms and conditions as well as its accuracy and, in case of doubt, to contact customer support. Section 11.1 of these terms and conditions applies to damages arising from incorrect information provided by the Answer Bot. You may not manipulate the Answer Bot in any way. With regard to the correct use of the Answer Bot, we refer in particular to Section 3.1 of these terms and conditions. The use of the data you enter when chatting with the Answer Bot is subject to our data privacy policy.

      ‍

EU Supplemental Terms & Conditions

These EU Supplemental Terms & Conditions ("EU Supplemental Terms") are made by and between Goodnotes Limited, a private limited company with its registered office at 1 Bartholomew Lane, London, United Kingdom, EC2N 2AX and with company number 12889528 (“we”, “our”, “us”, or “Goodnotes”), and you, the user (“you”, “your” or “User”).

The EU Supplemental Terms modify and supplement the General Terms and Conditions of Goodnotes ("General Terms") for the use of Goodnotes services by users, who are resident in countries of the European Union.

The following provisions prevail over those of the General Terms.

‍

  1. 1. Termination and Suspension of Goodnotes Services

    1. In deviation from Clause 12 of the General Terms, the following applies.
    2. We reserve the right to terminate our contractual agreement at any time for serious cause. In this case, we reserve the right to suspend or terminate your access to the Goodnotes Services immediately. Serious cause includes (but is not limited to):
      1. you are in breach or violation of these Terms. Goodnotes will determine, in its reasonable discretion, whether you are in violation of any restriction within these Terms;
      2. you use the Goodnotes Services in a manner which would cause a risk of harm or loss to us or others;
      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 and/or Third Party Rights, including but not limited to copyright, or are repeatedly alleged to have infringed intellectual property rights or Third Party Rights, including but not limited to copyright infringement;
      5. if your account is inactive, has not been used or dormant for more than 1-year period following the termination of your recurring subscription fee that is payable annually to use Goodnotes Services;
      6. if you failed to pay your recurring subscription fee to use Goodnotes Services.
    3. If your account has not been used or dormant for more than 1-year period following your purchase of a one-off fee to use Goodnotes Services, we will assume your Goodnotes account is inactive and will close it for you.
    4. If you use the Free Goodnotes Services, 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, unless we decide in our sole discretion it would be impractical, would violate another person’s interests, is illegal or otherwise harmful to Goodnotes to provide this notice.

  2. 2. Changes to Goodnotes Services

    1. In deviation from Clause 13 of the General Terms, the following applies.
    2. We are always aiming to improve the Goodnotes Services, so they may change over time. As part of this continuous evolution, we may decide to discontinue the Goodnotes Services for any reason that makes this appear reasonable in view of your interests and – in case you use the free version – even without reason, or we may introduce new features or restrict access to certain features. If the changes are significant changes, in particular changes to the rules on the content permitted on Goodnotes or changes that could directly affect your ability to use the service, we will inform you in advance of the intended changes. Also for other changes we will endeavour to give you reasonable prior notice of us doing so, although such notice may not be possible if the change is due to unforeseen circumstances beyond our control or due to the need to comply with a legal requirement.
    3. If you have made a one-off fee to use Goodnotes feature in accordance with Section ‎5.2.2 of these Terms, provided your access to that Goodnotes Service has not been terminated in accordance with Section ‎12 above, we will provide you with access to that Goodnotes Service until we discontinue it in accordance with this Section ‎13.

  3. 3. Changes to the General Terms and EU Supplemental Terms

    1. In deviation from Clause 14.11 of the General Terms, the following applies.
    2. We may need to change these EU Supplemental Terms and/or the General Terms to reflect changes in law or best practice or to deal with additional features which we introduce. The changes of these EU Supplemental Terms and/or the General Terms only apply with respect to the future. We therefore reserve the right to amend the Terms at any time in accordance with the following:
      1. Free Goodnotes Services: For services provided free of charge, Goodnotes is entitled to amend, cancel or replace the Terms with other Terms at any time and to make new services available free of charge or for a fee. Goodnotes will inform you of such changes in advance
      2. Paid-for Goodnotes Services: In case you use a paid-for-version, we will inform you thirty (30) days in advance of any change by providing you with the details of the change or notifying you of a change the next time you access the Goodnotes Services. In this case, you may cancel your use of the Services by notifying Goodnotes within thirty (30) days after you have been notified of the availability of the intended changes to the Agreement, if the Agreement is changed in a way that materially affects your rights in connection with the use of the Services. In the event of such cancellation, you will be entitled to a pro rata refund of the unused portion of the prepaid fees. If you do not terminate within this period, your continued use of the Goodnotes Services will be deemed to be your implied acceptance of the changes.

  4. 4. Limitations of Liability

    1. Notwithstanding of any limitation of liability in the General Terms and/or in these EU Supplemental Terms, we only limit our liability for slightly negligent breaches of duty insofar as they do not relate to damages arising from injury to life, limb or health or guarantees or mandatory Product Liability claims. Furthermore, liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected due to gross negligence and intent. The same applies to breaches of duty by our legal representatives or vicarious agents.

  5. 5. Governing law and jurisdiction

    1. In deviation from Clause 15 of the General Terms, the following applies.
    2. Governing law: The General Terms and these EU Supplemental Terms, the Website and any information contained in it will be governed by the laws of England and Wales, excluding the UN Sales Convention. Mandatory protective provisions of the law of the country in which the user, who is a consumer, has his habitual residence remain applicable.
    3. Place of Jurisdiction
      1. For users who are Consumers: If you as a user are deemed to be a consumer and do not have a general place of jurisdiction in a country of the European Union, England is the non-exclusive place of jurisdiction. If you move your domicile or habitual residence outside the EU after conclusion of the contract or if your domicile or habitual residence is not known to us at the time the action is brought, the place of jurisdiction for legal action against you shall be England. Otherwise, the statutory places of jurisdiction shall apply. Exclusive places of jurisdiction, e.g. for judicial dunning proceedings, remain unaffected.
      2. Other users:
        1. 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.
        2. 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.

  6. 6. Notice regarding Consumer Dispute Resolution

    1. The European Commission has set up a platform for out-of-court online dispute resolution for consumer disputes at http://ec.europa.eu/consumers/odr/. Goodnotes will not participate in any out-of-court

  7. 7. Right of withdrawal

    1. Unless a withdrawal has to be made with the app distribution platform (especially in the case of in-app purchases), the following applies subordinately.
    2. The user may revoke his contractual declaration in text form (e.g. letter, e-mail) within 14 days without giving reasons.
    3. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations under the law.
    4. Timely dispatch of the withdrawal is sufficient to comply with the revocation period. The revocation declaration is to be sent to:
      support@goodnotesapp.com or 1 Bartholomew Lane, London, United Kingdom, EC2N 2AX.
    5. You can, but do not have to, use the withdrawal form accessible at here.
    6. In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the User is unable to return to Goodnotes the goods or services received in whole or in part, or only in a deteriorated condition, the User must compensate Goodnotes for the lost value. This may mean that the user must nevertheless fulfil the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User when the notice of withdrawal is sent and for Godnotes when it is received.
    7. Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

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