Terms of Service

Notey Inc. – Terms of Service
Effective Date: February 10, 2026

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I AGREE,” CREATING AN ACCOUNT, DOWNLOADING OR INSTALLING ANY NOTEY APP (INCLUDING VIA THE APPLE APP STORE, GOOGLE PLAY STORE, OR CHROME WEB STORE), OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”) AND OUR PRIVACY POLICY (“PRIVACY POLICY”). IF
YOU DO NOT AGREE, DO NOT USE THE SERVICES.

If you are using the Services on behalf of a school, district, company, or other organization, you represent that you have authority to bind that organization, and “you” and “your” refer to that
organization as well as the individual user where applicable.

1. WHO WE ARE; SCOPE OF THESE TERMS

These Terms are a legal agreement between you and Notey Inc. (“Notey,” “we,” “us,” or “our”)
governing your access to and use of our:
• websites (including notey.co);
• applications on iOS, Android, and Chromebook/Chrome environments (including distribution
via Google Play, Apple App Store, and the Chrome Web Store);
• online products, game worlds, learning content, and related features; and
• any associated services, content, and support (collectively, the “Services”).
Your use of the Services is also governed by our Privacy Policy and any supplemental terms,
policies, and guidelines we may provide for specific features (for example, teacher dashboards,
community features, promotions, sweepstakes, beta programs, or other offerings) (collectively,
“Supplemental Terms”). If Supplemental Terms conflict with these Terms, the Supplemental
Terms govern for that specific feature.

2. ELIGIBILITY; MINORS

2.1 Age Requirements. Unless a higher minimum age applies where you live, you must be at least
13 years old to use the Services. If you are under 18 (or the age of majority where you live), a
parent or legal guardian must review and agree to these Terms on your behalf, and you may use
the Services only with their permission.
2.2 Education Accounts for Younger Students. Where permitted by law, students under 13 may
use the Services only through an Education Account administered by a school/district/teacher
(as defined below) and/or with parental consent where required. See Section 5 and our Privacy
Policy.
2.3 Social/Third-Party Logins. If you access the Services through a third-party platform (e.g.,
Google, Apple, or other identity providers), you must comply with their terms as well as these
Terms.

3. CHANGES TO THESE TERMS OR THE SERVICES

3.1 Updates to Terms. We may change these Terms to reflect legal, regulatory, security,
technological, or business developments. If changes are material, we will provide notice by
posting within the Services, on notey.co, or by other reasonable means (including email).
Continued use after the effective date of updated Terms constitutes acceptance.
3.2 Changes to Services. We may add, modify, limit, or discontinue any part of the Services
(including content, features, or availability) at any time. Some changes may require you to
install updates to continue using the Services.

4. ACCOUNTS; REGISTRATION; SECURITY

4.1 Account Creation. Some Services require you (or your school/teacher) to create an account
(“Account”). You agree to provide accurate, current, and complete information and to keep it
updated.
4.2 Credentials and Responsibility. You are responsible for maintaining the confidentiality of
your login credentials (“Login Information”) and for all activity under your Account (including
purchases), whether or not authorized by you.
4.3 Unauthorized Use. If you suspect unauthorized use of your Account, you must promptly
notify us and reset your credentials.
4.4 Account Sharing. You may not sell, rent, lease, sublicense, or transfer your Account.
Education Accounts may be administered by schools/teachers for student use, but sharing
outside the school context is prohibited.
4.5 Suspension/Removal. We may suspend, terminate, modify, or delete Accounts (and remove
usernames and related entitlements) if we reasonably believe you violated these Terms, engaged in illegal or improper conduct, or created risk for Notey or others. Notey is not obligated to compensate you for losses resulting from enforcement actions, to the extent permitted by law.

5. EDUCATION ACCOUNTS; SCHOOL/DISTRICT/TEACHER RESPONSIBILITIES

Notey supports use in schools and districts. For Services used through an Education Account
(including teacher-administered student access), the following apply:
5.1 Administration. The school/district/teacher is responsible for creating, maintaining, and
supervising student Accounts and ensuring use is appropriate for students.
5.2 Minimization of Student Identifiers. We strongly recommend using nicknames/aliases
instead of full student names where feasible.
5.3 Notices and Consents. The school/district/teacher is responsible for providing any legally
required notices and obtaining any necessary consents/authorizations (including parental
notice/consent where required by applicable law or policy). The school/district should provide
parents/guardians a link to our Privacy Policy and inform them of their rights regarding
student information as required by law.
5.4 Authority. You represent that you have authority from the school/district to create and
manage student Accounts and to provide consents where permitted by law.
5.5 Student Data; Educational Use. Student data is used only to provide and improve the
educational experience as described in our Privacy Policy and (where applicable) a signed Data
Processing Addendum (DPA). Notey does not sell student personal information and does not use
student data for targeted advertising.
5.6 Requests from Parents/Guardians. If a parent/guardian requests access, correction, deletion,
or other action regarding a student’s information, schools should route such requests to
support@notey.co and coordinate with Notey consistent with applicable law and contractual
commitments.

6. LICENSE; RIGHT TO USE THE SERVICES

6.1 License Grant. Subject to these Terms, Notey grants you a limited, non-exclusive, non-
transferable, non-sublicensable, revocable license to access and use the Services and any content
we make available (“Service Content”) for your personal, non-commercial use, or for bona fide
educational/internal organizational use as applicable.
6.2 Licensed, Not Sold. The Services and Service Content are licensed, not sold. Notey and its
licensors retain all rights, title, and interest not expressly granted to you.
6.3 Restrictions. Except as expressly permitted, you may not:

(a) copy, reproduce, distribute, publicly perform, or publicly display the Services or Service
Content;
(b) modify, translate, adapt, or create derivative works of the Services;
(c) reverse engineer, decompile, disassemble, or attempt to extract source code, except where
such restrictions are prohibited by law;
(d) circumvent security, access controls, or regional restrictions;
(e) use automated systems (bots, scrapers) to access the Services in a manner that burdens our
systems; or
(f) use the Services to build or operate a competing product.
6.4 Termination of License. Your license ends automatically if you violate these Terms or if your
Account is terminated.

7. AVAILABILITY; COMPATIBILITY; NETWORK ACCESS

7.1 Availability. We do not guarantee that the Services or any Service Content will be available at
all times or in all locations. Services may be interrupted for maintenance, updates, outages, or
other reasons.
7.2 Geographic and Feature Variations. Features and content may vary by territory and may
change over time.
7.3 Compatibility. You are responsible for obtaining compatible devices, operating systems, and
internet access. Notey is not responsible for your connectivity costs.
7.4 Third-Party Software. The Services may include third-party software (including open-source
components) subject to their respective licenses.

8. PAYMENTS; SUBSCRIPTIONS; TRIALS; REFUNDS

8.1 Paid Content. Some features require payment (subscriptions, in-app purchases, or other fees)
(“Paid Content”). You authorize us (or the applicable platform) to charge your payment method
for applicable fees and taxes.
8.2 App Store Purchases. If you purchase through Apple App Store, Google Play Store, or the
Chrome Web Store (or other third-party platforms), your purchase is subject to that platform’s
billing and refund policies, and Notey cannot directly process refunds for those purchases
except where required by law.
8.3 Auto-Renewal. Subscription plans may auto-renew unless canceled before the renewal date.
Cancellation methods may vary depending on where you purchased (e.g., in-app store settings).

8.4 Trials. We may offer free or discounted trial periods. If you provide payment information for
a trial, you agree we may begin charging at the end of the trial unless you cancel beforehand, as
disclosed at signup.
8.5 No Refunds; Legal Exceptions. Unless required by law or expressly stated at checkout,
payments are final and non-refundable. If you are in the EEA/UK, you may have additional
statutory rights. For digital content/services, withdrawal rights may be limited once
performance begins, as permitted by law.
8.6 Price Changes. We may change prices from time to time. Where required, we will provide
advance notice and any legally required options to reject changes (e.g., by canceling before the
change takes effect).

9. THIRD-PARTY SERVICES; LINKS

The Services may include links to or integrations with third-party services (“Third-Party
Services”). Notey does not control Third-Party Services and is not responsible for their content,
security, or practices. Your use of Third-Party Services is at your own risk and governed by their
terms.

10. USER CONTENT; FEEDBACK

10.1 User Content. “User Content” means content you submit or transmit through the Services
(e.g., profile info, messages, optional forum/community posts where enabled). You are solely
responsible for your User Content.
10.2 License to Notey. You retain ownership of your User Content, but you grant Notey a
worldwide, royalty-free, fully paid, non-exclusive, transferable, sublicensable license to host,
store, reproduce, display, perform, distribute, modify, and create derivative works of your User
Content solely as necessary to operate, provide, maintain, improve, and promote the Services
(and as otherwise described in our Privacy Policy).
10.3 Content Standards. You agree not to submit User Content that is illegal, infringing, harmful, abusive, defamatory, obscene, hateful, or otherwise objectionable.
10.4 Removal. We may remove or restrict access to User Content at our discretion, including if it
violates these Terms or applicable law.
10.5 Feedback. Any ideas, suggestions, or feedback you provide may be used by Notey without
restriction or compensation.

11. ACCEPTABLE USE; COMMUNITY SAFETY

You agree not to:
• violate any law or regulation;
• infringe intellectual property or privacy rights;
• engage in harassment, bullying, or exploitation of minors or other users;
• upload malware or disrupt the Services;
• attempt unauthorized access to systems or accounts;
• scrape or harvest user information;
• impersonate others or misrepresent affiliation; or
• use the Services for unauthorized commercial activity (spam, advertising, fundraising)
without our consent.
We may take action (including suspension or termination) for conduct we believe conflicts with
the spirit or intent of the Services.

12. COPYRIGHT; DMCA; REPEAT INFRINGER POLICY

12.1 Reporting Infringement. If you believe content on the Services infringes your copyright,
please send a notice to support@notey.co with:
(a) identification of the copyrighted work claimed to be infringed;
(b) identification of the material claimed to be infringing and where it is located;
(c) your contact information;
(d) a statement that you have a good faith belief the use is not authorized; and
(e) a statement under penalty of perjury that the information is accurate and you are the owner
or authorized to act on behalf of the owner, plus your signature.
12.2 Counter-Notice. If you believe content was removed by mistake, you may submit a counter-
notice consistent with the DMCA.
12.3 Repeat Infringers. We may terminate accounts of users who repeatedly infringe copyrights.

13. TERM; TERMINATION

13.1 Term. These Terms remain in effect while you use the Services.

13.2 Termination by You. You may stop using the Services at any time. You may cancel
subscriptions through the method provided at purchase (e.g., app store settings).
13.3 Termination by Notey. We may suspend or terminate access for violations, suspected fraud,
security risks, legal compliance, or to protect the Services or users. We may also discontinue the
Services or any part of them.
13.4 Effect. Upon termination, your license ends and you must cease use. Sections intended to
survive will survive termination, including IP, user content licenses, disclaimers, limitation of
liability, indemnification, and dispute terms.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AT YOUR OWN RISK. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NOTEY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, AND ACCURACY. NOTEY DOES NOT WARRANT THAT THE SERVICES WILL
BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Some jurisdictions do not allow certain disclaimers, so some provisions may not apply to you

.
15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTEY WILL NOT BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR
RELATING TO THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, NOTEY’S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT
EXCEED THE AMOUNT YOU PAID NOTEY FOR THE SERVICES IN THE THREE (3) MONTHS
BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF YOU PAID NOTHING).
Some jurisdictions do not allow certain limitations, so these limits may not apply to you.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Notey, its affiliates, and their respective
officers, directors, employees, agents, licensors, and service providers from and against claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of
your use of the Services, your User Content, or your violation of these Terms or applicable law.

17. FORCE MAJEURE

Notey is not liable for delays or failures due to causes beyond reasonable control, including acts of God, war, terrorism, riots, embargoes, civil or military authorities, fire, floods, accidents,
strikes, or shortages of transportation, fuel, energy, labor, or materials.

18. GOVERNING LAW; DISPUTE RESOLUTION; CLASS ACTION WAIVER

18.1 Governing Law. These Terms are governed by the laws of the State of South Carolina, USA,
without regard to conflict of laws principles.
18.2 Venue. Except where prohibited by applicable law, you agree that disputes will be resolved
exclusively in the state or federal courts located in South Carolina, and you consent to personal
jurisdiction and venue there.
18.3 Class Action Waiver. To the extent permitted by law, you agree to bring claims only in your
individual capacity and not as a plaintiff or class member in any purported class or
representative proceeding.

19. APPLE-SPECIFIC TERMS

If you access the Services via Apple’s App Store or on an iOS device, you acknowledge and agree:
(a) These Terms are between you and Notey, not Apple, and Notey is responsible for the
Services;
(b) Apple has no obligation to provide maintenance or support;
(c) If the Services fail to conform to applicable warranties, you may notify Apple and Apple may
refund the purchase price (if any) in accordance with Apple policies; to the extent permitted by
law, Apple has no other warranty obligation;
(d) Apple is not responsible for addressing your claims relating to the Services (including
product liability, legal compliance, or consumer protection claims);
(e) In the event of a third-party claim that the Services infringe IP rights, Apple is not
responsible for investigation, defense, settlement, or discharge;
(f) You represent you are not located in a U.S. embargoed country and are not on a U.S.
prohibited/restricted parties list; and

(g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce
them.

20. GOOGLE PLAY / CHROME / CHROMEBOOK TERMS

If you access the Services via Google Play, the Chrome Web Store, or in a Chromebook/Chrome
environment, you acknowledge:
(a) Your use may also be subject to Google’s applicable terms and policies;
(b) Google is responsible for billing and refunds for purchases made through its platforms,
subject to its policies;
(c) Notey is responsible for the Services, not Google, and Google does not provide support
obligations beyond those required by its policies or law; and
(d) You must comply with applicable platform requirements (including content, payments, and
user-data requirements) while using the Services via those platforms.

21. MISCELLANEOUS

21.1 Severability. If any provision is unenforceable, the remaining provisions will remain in
effect.
21.2 Assignment. Notey may assign these Terms. You may not assign these Terms without our
written consent.
21.3 Entire Agreement. These Terms, the Privacy Policy, and any Supplemental Terms constitute
the entire agreement between you and Notey regarding the Services and supersede prior
agreements.
21.4 No Waiver. Failure to enforce a provision is not a waiver of that provision.

22. CONTACT US

Notey, Inc.
310 Ross Rd, Unit 2D
Columbia, SC 29223
United States
support@notey.co

https://notey.co