Welcome to Nest Note. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nest Note ("we," "us," or "our") governing your access to and use of the Nest Note web application, mobile applications, website, and related services (collectively, the "Services").
By accessing, installing, or using Nest Note, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
1. Eligibility and License Grant
A. Eligibility
You must be at least 13 years old (or the minimum legal age required in your jurisdiction) to use the Services. By using Nest Note, you represent and warrant that you meet this requirement.
B. Limited License
Subject to these Terms, Nest Note grants you a personal, worldwide, non-exclusive, non-transferable, revocable license to install and use the application for your personal or internal business productivity purposes.
2. User Content and Sovereign Ownership
A. You Retain 100% Ownership
You retain complete, unencumbered intellectual property rights, copyright, and title to all notes, checklists, sublists, text, dates, schedules, and attachments created, imported, or stored by you in the Services ("User Content"). Nest Note claims no ownership, license, or intellectual property rights over your User Content.
B. Nature of Local-First Software and Data Backups
Nest Note is built as an offline-first, client-side application. Your primary database lives directly on your local device (via browser IndexedDB or native filesystem SQLite):
- User Responsibility for Backups: Because we do not operate a centralized database containing your notes, you acknowledge and agree that clearing your browser storage, resetting application data, hardware malfunction, device loss, or operating system wiping without an active backup will result in permanent data loss.
- Recommended Backup Practices: We strongly encourage you to enable the optional Google Drive synchronization feature or routinely download manual JSON backup exports from the application Settings menu.
- No Recovery by Us: We cannot recover lost local data that was never backed up to your personal Google Drive or exported locally.
3. Third-Party Integrations (Google Drive)
Nest Note allows you to connect your personal Google Account to sync notes directly with Google Drive:
- Google Terms Apply: Your relationship with Google is governed exclusively by Google’s own Terms of Service and Privacy Policy.
- No Responsibility for Third-Party Outages: Nest Note is not responsible for any unavailability, account suspensions, storage quota restrictions, or data loss caused by Google Drive API service interruptions.
- Independent Application: Nest Note is an independent application and is not endorsed by, affiliated with, or sponsored by Google LLC.
4. Prohibited Uses
You agree that you will not:
- Reverse engineer, decompile, or disassemble the binary distributions of the application, except to the extent permitted by applicable open-source licenses or mandatory law.
- Interfere with, disrupt, or attack the security, integrity, or network endpoints of the Services (including our serverless authentication functions).
- Use the Services to store or transmit material that violates applicable local, state, national, or international laws.
- Attempt to gain unauthorized access to any accounts, credentials, or API keys associated with the Services.
5. Intellectual Property Rights of Nest Note
The Nest Note name, logos, visual user interface, layouts, software code, custom CSS design tokens, icons, and branding materials are the exclusive intellectual property of Nest Note and its creators. You may not copy, modify, distribute, or create derivative works of our proprietary branding without prior written permission.
6. Future Upgrades and Commercial Features
The core local-first features of Nest Note are provided as described. We reserve the right to introduce optional premium features, enhanced cloud capabilities (such as automated real-time background sync), or subscription tiers in future releases. Any future commercial offerings will be clearly disclosed with pricing details and will require your explicit affirmative consent prior to charging.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEST NOTE AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICES WILL BE COMPLETELY SECURE, ERROR-FREE, OR UNINTERRUPTED; OR (C) ANY DATA STORED LOCALLY OR ON THIRD-PARTY CLOUD PLATFORMS WILL NEVER EXPERIENCE NETWORK TRANSMISSION DELAYS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEST NOTE, ITS CREATORS, CONTRIBUTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
- YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;
- ANY CORRUPTION, LOSS, OR INADVERTENT DELETION OF DATA ARISING FROM HARDWARE FAILURE, BROWSER CLEARING, OR UNSYNCHRONIZED CONFLICTS; OR
- ANY THIRD-PARTY CONDUCT OR CLOUD SERVICE OUTAGES (INCLUDING GOOGLE DRIVE).
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS ($50.00 USD) OR THE TOTAL AMOUNT PAID BY YOU TO NEST NOTE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to defend, indemnify, and hold harmless Nest Note and its creators from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your misuse of the Services.
10. Governing Law and Severability
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware (or applicable jurisdiction of the developer), without giving effect to any principles of conflicts of law. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
11. Modifications to Terms
We reserve the right to revise these Terms from time to time. When revisions occur, we will update the "Effective Date" at the top of this document. Continued use of the Services after revised Terms become effective constitutes your acceptance of the updated Terms.
12. Contact Information
If you have any questions or legal inquiries regarding these Terms of Service, please reach out to us at:
Email: terms@nestnote.app