Nibhaus Terms of Use (End-User License Agreement)
Draft for counsel review. Publisher: NovusKey Labs LLC ("NovusKey", "we", "us"). App: Nibhaus (the "App"). Effective date: to be set at first public release.
By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App.
1. License
NovusKey grants you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal or internal use, subject to these Terms and to the app store's terms. The App's open-source components are additionally licensed under their own terms (see the repository LICENSE (Apache-2.0) and LICENSING.md); those licenses govern that code and, to the extent they grant you more rights in that code, they control for that code.
2. Your content is yours
Nibhaus is local-first. Your handwriting, notes, transcripts, and exports (your "Content") belong to you. NovusKey claims no ownership of your Content and does not receive it unless you explicitly send it to a destination you configure. You are responsible for your Content and for the destinations (sync targets, OCR endpoints, notebooks) you choose to send it to.
3. Backups & data loss
The App stores data on your device and can export it, but you are responsible for maintaining your own backups. To the maximum extent permitted by law, NovusKey is not liable for any loss, corruption, or inaccessibility of your Content or data, however caused (device failure, OS changes, uninstalling the App, sync/OCR misconfiguration, bugs, or otherwise). The App is a tool to help you keep your notes; it is not a guaranteed system of record.
4. Third-party hardware & services
The App interoperates with Ncode smartpens and with sync/OCR endpoints you provide or select. NovusKey does not manufacture the pens and is not responsible for third-party hardware, firmware, servers, networks, or services. Your use of any third-party product or service is governed by that third party's terms. See the repository NOTICE for third-party trademark attributions.
5. Premium features & payment
Optional premium features may be offered as a one-time in-app purchase processed by the app store (Apple App Store / Google Play), which is the merchant of record. Refunds are handled by the app store under its policies. NovusKey does not separately store your payment details.
6. Acceptable use
You will not: (a) use the App unlawfully or to infringe others' rights; (b) reverse engineer, decompile, or attempt to derive the source of the closed-source portions of the App except to the extent this restriction is prohibited by applicable law; (c) resell or sublicense the App; or (d) remove proprietary notices.
7. Warranty disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOVUSKEY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL BE PRESERVED. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVUSKEY (AND ITS OWNERS, MEMBERS, AND AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP. NOVUSKEY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM, OR (b) USD $5.00. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; nothing here limits liability that cannot be limited by law.
9. Indemnity
You will indemnify NovusKey against claims arising from your Content, your misuse of the App, or your violation of these Terms or applicable law.
10. Governing law & disputes
These Terms are governed by the laws of the State of Alaska, USA, without regard to conflict-of-laws rules. Except where prohibited by law, any dispute will be resolved by binding individual arbitration on an individual basis; you and NovusKey waive any right to a jury trial or to participate in a class action. You may instead bring an individual claim in small-claims court. If arbitration/class-waiver is unenforceable where you live, disputes will be heard in the state or federal courts located in Alaska. Nothing in this section limits your non-waivable statutory consumer rights.
11. Changes; termination
We may update these Terms; material changes will be noted in-app or in the repository, and continued use means acceptance. We may suspend or terminate the license if you materially breach these Terms. Sections 2 to 4, 7 to 10, and 12 survive termination.
12. Export & general
You will comply with applicable export-control and sanctions laws. If any provision is unenforceable, the rest remains in effect. These Terms and the referenced licenses are the entire agreement between you and NovusKey regarding the App. Contact: support@novuskeylabs.com.