Terms of Service

01About these terms

These Terms of Service (the "Terms") are an agreement between you and ErtiCloud, an individual entrepreneur registered in Georgia ("we", "us"). They apply to the website at ertinote.com (the "Website") and to the ErtiNote application (the "App").

By using the Website or the App you agree to these Terms. If you do not agree, please do not use them. Our Privacy Policy explains how we handle personal data.

02Product status

ErtiNote is in development and has not been released. Descriptions of features on the Website reflect our current plans; features may change, and features marked as planned may be released later than expected, in a different form or not at all. We have not announced a release date.

03Using the website

You may use the Website for lawful purposes. You must not interfere with its operation or security, attempt to gain unauthorised access to it or our systems, or use automated means in a way that places an unreasonable load on it.

04Licence to use the app

When the App is released, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use it on devices you own or control, in accordance with these Terms.

You must not, except to the extent the law expressly allows it: copy, modify or distribute the App; reverse engineer, decompile or disassemble it; remove proprietary notices; or use it to break the law or infringe the rights of others.

If you get the App from an app store, that store’s terms also apply to your download.

05Your data and your master password

You keep all rights to the notes, files and other content you store in the App. Your vault is stored on your device or wherever you choose to keep it, and is encrypted with a key derived from your master password.

We do not store your master password and cannot recover it. If you forget it, the data in your vault cannot be decrypted by you, by us or by anyone else. You are responsible for keeping your password safe and for keeping backups of your vault.

06Our reseller Paddle

Our order process is conducted by our online reseller Paddle.com Market Limited (“Paddle”). Paddle is the Merchant of Record for all our orders. This means that Paddle sells the subscription to you, processes the payment, issues the invoice or receipt, and calculates, collects and remits the applicable sales taxes, such as VAT. Paddle also provides customer service for billing enquiries and handles returns.

Your purchase is also subject to the Paddle Buyer Terms, which you accept at checkout. Your use of ErtiNote remains governed by these Terms. For questions about a charge, you can find your order and contact Paddle at paddle.net, or write to us at contact@ertinote.com.

07Plans and prices

Some features of ErtiNote are offered as paid subscriptions. The available plans, the features they include, their prices and their billing periods are described on ertinote.com and at checkout. The price and billing period shown at checkout before you confirm your order are the ones that apply to you.

Depending on where you live, applicable taxes are either included in the price or added at checkout. The total amount is always shown before you confirm. Prices may be shown in your local currency.

The contract for a subscription is concluded when Paddle confirms your order. You must be able to enter into a binding contract under the law that applies to you. If you buy on behalf of an organisation, you confirm that you are authorised to do so.

08Free trials

We may offer a free trial of a paid plan. The length of the trial and the price and billing period that apply after it are shown at checkout before you start the trial. You may need to provide a payment method to start a trial. You are not charged during the trial.

Unless you cancel before the trial ends, the subscription starts automatically at the end of the trial and your payment method is charged for the first billing period. If you cancel during the trial, you are not charged.

A free trial is available once per customer for each app. We may refuse or end a trial if we reasonably believe that it is being misused, for example through repeated sign-ups for new trials.

09Billing and automatic renewal

Subscriptions are paid in advance for each billing period, for example monthly or yearly. A subscription renews automatically at the end of each billing period for a period of the same length until you cancel it. By starting a subscription, you authorise Paddle to charge your payment method at the start of each billing period with the price that applies at that time.

Paddle sends you a receipt by email for every payment.

10Cancelling a subscription

You can cancel your subscription at any time: through the link in your Paddle receipt email, at paddle.net, or by writing to us at contact@ertinote.com.

Cancellation takes effect at the end of the current billing period. Until then you keep access to the paid features, and no further payments are taken. Cancelling does not by itself refund the current billing period; refunds are covered by the Refund Policy.

11Price changes

We may change the price of a plan for future billing periods. We will notify you by email at least 30 days before a new price applies to your subscription. If you do not agree with it, you can cancel before it takes effect; otherwise the new price applies from your next billing period. A price change never affects a billing period that you have already paid for. Where the law requires your express consent to a price change, we will ask for it.

12Failed payments

If a payment cannot be collected, Paddle may try again and will let you know, so that you can update your payment method. If the payment is still not received, we may suspend the paid features or end the subscription.

13Refunds

You can request a full refund within 14 days of the first payment for a subscription, without giving a reason. The conditions, and how renewal payments are handled, are set out in the Refund Policy.

14When a subscription ends

When a subscription ends, the paid service is no longer available. The ErtiNote app and the vault on your devices are not affected. Before we delete backups stored in ErtiCloud Backup after a subscription ends, we will notify you and give you a reasonable period to restore them, unless the law requires earlier deletion.

15Purchases in app stores

If a paid plan is bought inside an app downloaded from an app store, such as the Apple App Store, the purchase is made from the app store operator, not from Paddle. Billing, cancellation and refunds for that purchase are handled by the app store under its own terms.

16Right of withdrawal for consumers

If you are a consumer in the European Union, the European Economic Area or the United Kingdom, you have a statutory right to withdraw from an online contract within 14 days without giving a reason. For digital services that start immediately, this right may end once the service has started, if you expressly asked for this and acknowledged it at checkout. In any case, the 14-day money-back guarantee in the Refund Policy gives you a full refund of your first payment within 14 days.

Nothing in these terms limits your mandatory rights as a consumer, including your rights if a paid feature is faulty or not as described.

17Intellectual property

The App, the Website, their content and the ErtiNote and ErtiCloud names and logos belong to us or our licensors. These Terms do not give you any rights to them other than the licence described above.

18Third-party services

The Website may link to third-party websites and services, and you may choose to keep your vault in a third-party storage or sync service. We are not responsible for those services; their own terms apply.

19Disclaimer

To the extent permitted by law, the Website and the App are provided "as is" and "as available". ErtiNote is designed to reduce the risk of unauthorised access to your data, but no software can guarantee absolute security, and ErtiNote has not undergone an independent security audit. We describe its protections and limits in our security principles.

20Limitation of liability

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profits or loss of data, including data that cannot be decrypted because a master password was lost. Our total liability to you in connection with the Website and the App is limited to the greater of the amounts you paid us in the twelve months before the claim and USD 50.

Nothing in these Terms excludes or limits liability for intent or gross negligence, for death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by law.

21Consumer rights

If you are a consumer, you also benefit from any mandatory provisions of the law of the country where you live. Nothing in these Terms affects those rights.

22Ending these terms

You may stop using the Website and the App at any time. We may suspend or end your right to use them if you seriously breach these Terms. Your vault remains yours: ending these Terms does not give us access to it.

23Changes to these terms

We may update these Terms, for example when the App is released or our plans change. The version and effective date at the top of this page show when they last changed. If a change materially affects you, we will announce it on the Website and notify active subscribers by email at least 30 days before it takes effect. A change never affects a billing period that you have already paid for.

24Governing law and disputes

These Terms are governed by the law of Georgia. Disputes are subject to the courts of Tbilisi, Georgia. If you are a consumer, you may also bring proceedings in the courts of the country where you live, and the mandatory consumer protection rules of that country continue to apply.

The English version of these Terms is the binding one; translations are provided for convenience.

25Contact

Questions about these Terms: contact@ertinote.com.