Posted: January 9, 2022
Effective: January 9, 2022
Thanks for using Old Notepad. These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). Your agreement is with 1381802 Ontario Inc ("We", "Old Notepad", "The Company"), a company incorporated in Ontario, Canada. By using our Services, you’re agreeing to be bound by these Terms.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other Canadian and foreign laws. These Terms do not grant you any right, title, or interest in the Services, others’ content in the Services, Old Notepad trademarks, logos and other brand features.
1381802 Ontario Inc may provide storage for your backup files, specifically your notes, via its Services. Your use of our Services for backup purposes is purely voluntary. You grant us permission to use those backup files and any associated metadata to provide our services, including storing, reproducing, and distributing those materials.
Your backup files are encrypted using a password that is stored ONLY on your device -- it is not stored on our Services. You agree to use your iOS device's iCloud Keychain to store this password and/or any other data required to provide Services. You understand that loss of this password and/or other data or failure to use the iCloud Keychain may mean that your backup files may not be decryptable and may become permanently inaccessible.
You expressly understand and agree that, to the extent permitted by applicable laws, 1381802 Ontario Inc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall 1381802 Ontario Inc or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
1381802 Ontario Inc does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
1381802 Ontario Inc does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
1381802 Ontario Inc iis not responsible for any of your tax obligations or liabilities related to the use of the Services.
1381802 Ontario Inc does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
You and 1381802 Ontario Inc agree that each party may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and 1381802 Ontario Inc agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person's account. You and 1381802 Ontario Inc agree to waive the right to a trial by jury for all disputes.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you’re in breach of these Terms, or
(b) your use of the Services would cause a real risk of harm or loss to us or other users, or
(c) we're prohibited from doing so by law.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We will not provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we're prohibited from doing so by law.
We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond The Company’s control, or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances).
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
These Terms constitute the entire agreement between you and 1381802 Ontario Inc with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
1381802 Ontario Inc’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. 1381802 Ontario Inc may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If you don’t agree to the updates we make, please stop using your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
1381802 Ontario Inc. built the Old Notepad app as an Ad Supported app. This SERVICE is provided by 1381802 Ontario Inc. at no cost and is intended for use as is.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
Information Collection and Use
The app does use third-party services that may collect information used to identify you.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.