Terms of Service
The short version
- The Nearleaf app is free to use offline. Syncing between devices is an optional paid subscription.
- Your note is yours. Sync is end-to-end encrypted, so we cannot read it, and we cannot recover it if you lose your key.
- Sync is for your own personal note, not for storing files or running other workloads. If you abuse it, we can end your access, and where the abuse cost us more than you paid, you will not get a refund, as far as the law and your app store allow.
Agreement and who we are
These terms are an agreement between you and staticvar (staticvar.dev), referred to as "we", for the Nearleaf apps, the optional sync service and this website (together, "Nearleaf"). By installing or using Nearleaf you agree to these terms and to our Privacy Policy. If you do not agree, please do not use it. You must be old enough to form a binding contract where you live, or have a parent or guardian agree for you.
The free app and the subscription
- Free: the app, with one note stored on your device, works offline and does not need an account.
- Paid: sync is an optional subscription that keeps your note in step across your devices through our end-to-end encrypted relay.
We may improve, change or remove features over time. If your subscription ends, sync stops, but we will not delete the note stored on your device. We delete the encrypted copy held for sync 30 days after your subscription ends, as described in our Privacy Policy.
Billing, renewals and cancellation
Subscriptions are sold and billed by the app store you buy from (Google Play or the Apple App Store), and that store's terms also apply to your purchase. The price, trial (if any) and billing period are shown in the store before you buy.
- Subscriptions renew automatically until you cancel.
- You cancel in your store account settings, following the store's deadlines. Deleting the app does not cancel a subscription.
- After you cancel, sync normally continues until the end of the period you have paid for.
- We do not receive your payment details and cannot change, cancel or refund store purchases ourselves. Refund requests for store purchases are decided by the store under its policies.
Your content
You own your note. We claim no ownership of it and no right to use it for anything else. You give us only the narrow permission needed to store and transmit your encrypted data to provide sync. You are responsible for what you write and for having the right to store it.
Encryption and your responsibility
Sync is end-to-end encrypted. The key lives only on your devices, so we cannot read your note, reset a forgotten key or recover a lost note.
You are responsible for keeping at least one paired device that holds your key. If you lose or reset all of them, your synced data cannot be recovered by anyone.
Sync is not a backup. A change or deletion on one device is copied to the others. Keep your own copy of anything you cannot afford to lose.
Fair use and abuse
The sync service exists for one purpose: keeping your personal note in step across your own devices. The subscription price reflects that use and nothing more.
What counts as abuse
- Storing anything other than your own personal note, such as files, backups, data from other apps or data belonging to other people.
- Using the relay as file storage, a database, a message queue or for any purpose other than syncing your Nearleaf note.
- Excessive storage or traffic compared with ordinary personal note-taking.
- Automated or scripted use, or access with anything other than the official Nearleaf apps.
- Sharing your sync access with other people, or reselling it.
- Attacking, probing or overloading the service, or trying to get around its limits.
- Any use that creates costs for us out of proportion to the subscription you pay.
Because your note is encrypted, we cannot look at its contents. We judge use by technical signals such as storage size, the number and size of changes, request rates and connections.
What we may do
If we reasonably believe you are abusing the service, we may limit, suspend or end your account and sync access, and delete the encrypted data we hold for you. Where practical we will warn you first, but we do not have to, especially when the abuse is serious, ongoing or increasing our costs.
No refund after abuse termination
To the maximum extent permitted by applicable law and by the policies of the app store through which you purchased, if we suspend or end your access because of abuse, no refund will be given. This applies in particular where the abuse caused infrastructure costs greater than what you paid us. Those costs are the reason for this rule.
What this does not change
Refunds for store purchases are decided by Google or Apple under their own policies, and we cannot override them. Nothing in these terms takes away rights you have under law that cannot be waived, such as mandatory consumer rights in your country. Where such a right applies, it applies in place of any part of this section that conflicts with it.
Availability
We work to keep sync running, but we do not promise it will always be available or error-free. It may be interrupted for maintenance, outages at our providers or reasons outside our control. Your local note keeps working offline when sync is unavailable. If we ever discontinue the paid sync service, we will give reasonable notice.
No warranty
To the extent the law allows, Nearleaf is provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special or consequential losses, or for loss of data, profits or goodwill, arising from your use of Nearleaf, including data you cannot recover because you lost your key. Our total liability to you for any claim is limited to the amount you paid for the subscription in the 12 months before the event that caused the claim. None of this limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
Ending your use
- You can stop using Nearleaf at any time. Cancel your subscription in your store account, delete the app, and email us if you want your encrypted server data deleted.
- We may end your access under the abuse section above, if you seriously breach these terms, if the law requires it, or if we discontinue the service.
Sections that by their nature should continue after your use ends, including those on abuse, warranty, liability and governing law, will continue.
Changes to these terms
We may update these terms. The effective date at the top shows the current version. We will make material changes visible on this page and, where the app can, in the app, before they take effect. If you keep using Nearleaf after the changes take effect, you accept them. If you do not agree, stop using it and cancel your subscription.
Governing law
These terms are governed by the laws of India, and the courts of India have jurisdiction over disputes about them. If you are a consumer, you keep the protection of the mandatory consumer laws of the country where you live, including any right to bring a claim in your local courts.
Contact
Questions about these terms: me@staticvar.dev.