End User License Agreement (EULA)

1. License Grant

Subject to your compliance with these terms, Thoughtmarks grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Thoughtmarks application on devices you own or control
• Use the Application for personal, non-commercial purposes
• Access and use all features included in your subscription tier

2. Ownership and Intellectual Property

2.1 Your Content

This includes all Thoughtmarks, notes, voice recordings, tags, and organizational structures you create.

2.2 Our Intellectual Property

Thoughtmarks and its licensors own all rights, title, and interest in:

• The Thoughtmarks application and all its components
• All software, code, algorithms, and AI models
• Thoughtmarks branding, trademarks, logos, and design
• Documentation and user interface elements

3. Acceptable Use

3.1 Permitted Uses

You may use Thoughtmarks for:

• ✅ Personal note-taking and knowledge management
• ✅ Voice recording and transcription
• ✅ AI-assisted research and writing
• ✅ Personal productivity and organization

3.2 Prohibited Uses

You may NOT use Thoughtmarks to:

• ❌ Violate any applicable laws or regulations
• ❌ Infringe on others' intellectual property rights
• ❌ Distribute malware, viruses, or harmful code
• ❌ Harass, threaten, or harm others
• ❌ Attempt to compromise the security of the Service
• ❌ Use automated tools to access or scrape the Service
• ❌ Impersonate others or provide false information

4. Privacy and Data Protection

Your use of Thoughtmarks is also governed by our Privacy Policy, which explains:

• What data we collect and why
• How we protect your information
• Your rights under GDPR and CCPA
• How AI features use your data

By using Thoughtmarks, you also agree to our Privacy Policy.

5. Disclaimers and Limitations

5.1 Warranty Disclaimer

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, either express or implied.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THOUGHTMARKS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, or consequential damages
• Loss of data, profits, or business opportunities
• Any damages exceeding the amount you paid us in the past 12 months

5.3 Data Backup Responsibility

6. Term and Termination

6.1 Term

This EULA is effective until terminated by either you or Thoughtmarks.

6.2 Termination by You

You may terminate this Agreement at any time by:

• Deleting your account via Settings → Account → Delete Account
• Uninstalling the Application from all your devices
• Ceasing all use of the Service

6.3 Termination by Us

We may terminate this Agreement immediately if you:

• Violate any terms of this EULA or our Terms of Service
• Engage in fraudulent or illegal activity
• Pose a security risk to other users or the Service

6.4 Effect of Termination

Upon termination:

• Your license to use the Application immediately ends
• You must stop using the Application and delete it from all devices
• Your data will be retained or deleted according to our Privacy Policy
• Provisions that should survive termination will remain in effect

7. Updates and Modifications

7.1 Application Updates

We may update the Application from time to time to:

• Add new features and improvements
• Fix bugs and security vulnerabilities
• Maintain compatibility with new devices and OS versions
• Comply with legal or regulatory requirements

Updates may be required for continued use of the Service.

7.2 Changes to This EULA

We may modify this EULA at any time. Material changes will be communicated via:

• In-app notification
• Email to your registered address
• Notice on our website

Continued use after changes constitutes acceptance of the modified EULA.

8. Governing Law and Dispute Resolution

8.1 Governing Law

• US users: Governed by laws of Delaware, USA
• EU users: Governed by EU law and local consumer protection laws
• Other users: Governed by laws of your jurisdiction

8.2 Dispute Resolution

Before filing any claim, please contact us to resolve disputes informally at [email protected].

For US users: Disputes will be resolved through binding arbitration rather than in court, except for claims in small claims court or for injunctive relief.

9. Miscellaneous

9.1 Entire Agreement

This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Thoughtmarks.

9.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

9.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

9.4 Assignment

You may not assign this Agreement. We may assign our rights and obligations without restriction.

10. Contact Information