NoteTag — Terms of Service

Effective date: 22.03.2026 Version: 1.1

These Terms of Service ("Terms") form a legally binding agreement between you and Caspari e.U ("we", "us", "our"), an individual operating as a sole trader (Einzelunternehmer) under Austrian law, trading under the name NoteTag. By using the NoteTag mobile application or any related services (collectively, the "Service"), you agree to be bound by these Terms.

1. About the Service

NoteTag is a personal note-tagging application that lets you create rich-text notes with optional image attachments and associate them with QR codes and barcodes. Notes are organised in Spaces. A Space can be private — visible only to you — or shared with members you explicitly invite. There are no publicly accessible notes.

2. Who We Are

Caspari e.U
Einzelunternehmer
Manuel Caspari
Millergasse 19/20
1060 Vienna
Austria
Email: contact@notetag.app

3. Acceptance of These Terms

By creating an account, tapping the acceptance button on the onboarding screen, or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

4. Eligibility and Age Requirement

4.1 Minimum Age

You must be at least 14 years of age to create a NoteTag account. By tapping the confirmation button during onboarding, you declare that you are at least 14 years old.

We set this threshold because Austrian law (implementing Article 8 GDPR via the Datenschutzgesetz) sets 14 as the age at which a child may independently consent to digital services.

4.2 Children Under 14

We do not knowingly collect personal data from children under 14 without parental or guardian consent. If a parent or legal guardian creates an account for a child under 14, or knowingly permits a child under 14 to create an account, that parent or guardian:

• represents that they have authority to provide consent on the child's behalf;
• accepts these Terms on the child's behalf; and
• is responsible for the child's use of the Service and for ensuring use is appropriate.

If we become aware that a child under 14 has created an account without parental consent, we will delete that account and its associated data.

4.3 Family Use

NoteTag may be used as a family note-sharing tool. Parents and guardians may invite family members — including children — to a shared Space. Parents and guardians are solely responsible for supervising any child's use of the Service and for ensuring that content within shared Spaces is age-appropriate.

5. Account Registration and Security

5.1 Sign-In Providers

You create your NoteTag account by signing in with a Google or Apple account. By doing so, you authorise us to receive and store your email address and display name from that provider. See our Privacy Policy for details.

5.2 Account Security

You are responsible for maintaining the security of your sign-in credentials and for all activity that occurs under your account. Notify us at contact@notetag.app if you suspect unauthorised access.

5.3 One Account Per Person

You may hold one NoteTag account. Creating multiple accounts to circumvent feature limits, bans, or moderation actions is prohibited and constitutes a material breach of these Terms.

6. The Service

6.1 Features

NoteTag allows you to:

• Create and edit rich-text Notes with optional image attachments;
• Associate Notes with QR codes and barcodes;
• Organise Notes within Spaces;
• Share Spaces with explicitly invited members (subject to tier limits);
• Report content that violates these Terms.

6.2 Notes and Spaces

• Private Spaces and their contents are visible only to you.
• Shared Spaces are visible to the members you explicitly invite. There are no publicly accessible Notes and no discoverable user profiles.
• Notes within a Space carry no author attribution. Individual contributions are not linked to a specific user, either before or after account deletion.

6.3 No Advertisements

The Service contains no third-party advertising. We do not use your data for advertising purposes.

6.4 Service Availability

We strive to provide a reliable service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, infrastructure failures, or third-party outages may cause temporary unavailability. We will make reasonable efforts to communicate planned downtime where feasible.

7. Subscriptions and Payment

7.1 Free Tier

A free account provides the following limits per Space and account:

The free tier is licensed for personal, non-commercial use only (see Section 10).

7.2 Paid Subscription Tiers

We offer paid subscription tiers. Each tier provides two categories of benefits:

Account-level perks apply to your account as a whole and take effect immediately upon subscription:

Space-level perks define the limits that can be applied to individual Spaces. Subscribing to a paid tier does not automatically apply these perks to all of your Spaces. Instead, each paid tier includes a number of Space Boosts that you assign to the Spaces of your choice:

• Family includes 1 Space Boost — you may select 1 Space to receive Family-level space perks.
• Pro includes 3 Space Boosts — you may either apply 1 Pro-level boost to a single Space (costs 3 boosts), or apply up to 3 Family-level boosts across different Spaces (each costs 1 boost), or any combination within your boost allowance.
• Any Space that does not have a boost applied to it operates under the free-tier space limits, regardless of your subscription tier.
• You are not required to assign your boosts at the time of purchase; you may do so at any time from within the app.

Tier names, prices, and regional availability are shown in the Apple App Store and Google Play Store listings at the time of purchase. Prices may change; we will not reduce limits for existing paid subscribers during a current billing period. All paid tiers remain subject to the non-commercial use restriction in Section 10 unless a separate commercial licence has been obtained.

7.3 Space Boost Reassignment and Rate Limits

You may reassign your Space Boosts freely — upgrading or downgrading individual Spaces — from within the app at any time. Removing a boost from a Space (downgrading) is always permitted without restriction.

To prevent abuse, the following rate limits apply to upgrading a Space (applying or increasing a boost). These limits are tracked per Space, not per account:

• Short-term limit: A Space may be upgraded at most 2 times within any 48-hour rolling window. A third upgrade attempt on the same Space within that window will be rejected until the earliest upgrade falls outside the 48-hour period.
• Long-term limit: A Space may be upgraded at most 3 times within any 30-day rolling window. Once this limit is reached, further upgrades to that Space are rejected until an older upgrade ages out of the 30-day window.

Upgrades applied automatically by the system when you first purchase or renew a subscription do not count toward these limits — only user-initiated reassignments count.

If a Space you have boosted exceeds the applicable limits after a downgrade (for example, because it contains more Notes or members than the lower tier allows), that Space will be locked (read-only) until you either re-apply a sufficient boost or reduce the Space's usage to within the applicable limits.

7.4 Billing and Renewal

Subscriptions are purchased and managed exclusively through the Apple App Store or Google Play Store. You contract with and pay Apple or Google directly — we do not process, receive, or store payment card data.

Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. To cancel, manage your subscription through your device's App Store or Play Store subscription settings.

7.5 Tier Limits and Enforcement

If your subscription expires or is cancelled and your existing Spaces exceed the applicable free-tier limits, those Spaces will be immediately locked (read-only). You will not be able to create or edit Notes or add new members until you either renew your subscription or reduce your usage to within the applicable tier limits. Existing content is not deleted as a result of a subscription expiry.

We are not responsible for any inconvenience, business disruption, or loss of access caused by a subscription expiry or enforcement of tier limits.

7.6 Refunds

Refund requests for subscription charges are handled by Apple or Google in accordance with their respective refund policies, as they are the merchant of record for all payments.

This does not affect your statutory rights under applicable consumer protection law. If the Service does not conform to this contract, you may be entitled to a remedy, price reduction, or termination of the contract under EU Directive 2019/770 on digital content and digital services (as implemented in Austrian law) or equivalent mandatory consumer protection legislation in your jurisdiction. To assert such a claim, contact us at contact@notetag.app.

7.7 Right of Withdrawal (EU/EEA Consumers)

If you are a consumer in the EU or EEA, you have the right to withdraw from a distance contract within 14 days of its conclusion without giving any reason (Fern- und Auswärtsgeschäfte-Gesetz — FAGG, implementing EU Directive 2011/83/EU).

For the free Service: By creating an account and beginning to use the Service, you request that we begin performance immediately. You acknowledge that you lose your right of withdrawal once the Service has been fully performed (§ 18 Abs 1 Z 11 FAGG).

For paid subscriptions: Subscriptions are purchased through and governed by the Apple App Store or Google Play Store. The right of withdrawal for paid subscriptions is exercised through the respective store in accordance with their terms. Apple and Google each provide a cooling-off period consistent with applicable consumer law.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree not to:

(a) violate any applicable law or regulation, including data protection and privacy laws; (b) infringe the intellectual property rights of any third party; (c) create, upload, store, or transmit any content prohibited under Section 9; (d) attempt to gain unauthorised access to any part of the Service, any other user's account, or any Space to which you have not been invited; (e) reverse-engineer, decompile, or disassemble any part of the Service, or attempt to extract source code; (f) use automated means — bots, scrapers, or crawlers — to access the Service without our prior written consent; (g) create multiple accounts to circumvent feature limits, bans, or moderation decisions; (h) attempt to overload, disrupt, or impair the Service or its underlying infrastructure; (i) use the Service to distribute malware, ransomware, or other harmful code.

9. Prohibited Content

You may not create, store, share, or transmit through the Service any content that:

(a) constitutes or depicts child sexual abuse material (CSAM) — we are legally obligated to report any such content to the National Center for Missing and Exploited Children (NCMEC) and relevant Austrian and international authorities, and will do so without notice to you; (b) is illegal under any applicable jurisdiction, including content that incites, facilitates, or glorifies criminal acts; (c) constitutes hate speech, including content that incites hatred or violence based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or other protected characteristics; (d) harasses, bullies, threatens, or intimidates any identifiable person; (e) glorifies, promotes, or provides instructions for self-harm or suicide; (f) constitutes non-consensual intimate imagery (NCII / "revenge porn"); (g) is sexually explicit — regardless of Space privacy settings or subscription tier; (h) infringes copyright, trade mark, or other intellectual property rights of a third party without authorisation; (i) constitutes spam, unsolicited commercial communications, or phishing attempts.

We reserve the right to remove content that violates these prohibitions and to suspend or terminate the account responsible. Removal of content does not entitle you to any refund.

10. Commercial Use

10.1 Default Licence: Non-Commercial Only

All tiers of NoteTag — including all paid subscription tiers — are licensed solely for personal, non-commercial use. Non-profit organisations and educational institutions are treated as non-commercial for the purposes of these Terms.

10.2 What Constitutes Commercial Use

"Commercial use" means any use:

• in the course of, or in direct connection with, a trade, business, craft, or profession;
• to manage content, assets, or information on behalf of a for-profit entity;
• by an employee, contractor, or agent as part of their work duties; or
• that directly or indirectly contributes to revenue-generating activities.

10.3 Commercial Licence Required

Any commercial use of the Service requires a separate, written commercial licence from us, regardless of which subscription tier you hold. To enquire about commercial licensing, contact: contact@notetag.app.

• Small businesses with five (5) or fewer employees may apply for a small-business commercial licence.
• Organisations with more than five (5) employees must obtain an enterprise commercial licence.

Using the Service commercially without a valid commercial licence is a material breach of these Terms and may result in immediate suspension or termination of your account without refund.

11. Your Content

11.1 Ownership

You retain all ownership rights in the Notes, images, and other content you create ("Your Content"). We claim no ownership over Your Content.

11.2 Licence to Us

By using the Service, you grant us a limited, non-exclusive, royalty-free, worldwide licence to host, store, copy, and transmit Your Content solely to the extent necessary to operate and provide the Service to you. This licence ends when you delete the relevant content or your account, subject to the retention provisions in Section 13 and the Privacy Policy.

11.3 Shared Spaces

When you create or edit Notes in a shared Space, you agree that:

• those Notes form part of the Space and are accessible to all current and future Space members;
• Notes within a shared Space carry no individual author attribution — they belong to the Space, not to you personally; and
• if you leave a Space or delete your account, the Notes you contributed remain in the Space.

You are advised to remove sensitive personal content from shared Spaces before leaving or deleting your account.

11.4 No Backup Service

The Service does not include an export or backup feature. You are solely responsible for maintaining independent copies of any content you consider important. We are not liable for any loss of Your Content resulting from deletion, corruption, service disruption, or any other cause.

12. Content Reporting and Moderation

12.1 Reporting

You may report Notes you believe violate these Terms using the in-app reporting feature. We accept reports in the following categories: hate speech, harassment and bullying, spam, sexual content, self-harm, violence, illegal content, CSAM, copyright infringement, and other.

12.2 Review Process

Reports are reviewed manually by us. We aim to:

• review CSAM and self-harm reports on the same day they are received;
• review illegal content reports within 24 hours;
• review all other categories within 7 days.

These are targets, not contractual commitments. We reserve the right to take additional time in complex or legally sensitive cases.

12.3 Outcomes and Notification

Following review, we may: dismiss the report; remove the reported content; remove the responsible user from the Space; issue a warning; or suspend or terminate the account. We will notify the reporter of the outcome by email where practicable. We will notify the reported user where doing so is permitted and appropriate, except in CSAM cases where law enforcement may require otherwise.

12.4 CSAM Reporting Obligation

We have a legal obligation to report CSAM to NCMEC and relevant Austrian authorities. We cooperate fully with law enforcement and will preserve relevant data as required.

12.5 Copyright Takedowns

If you believe content on the Service infringes your copyright, send a takedown notice to contact@notetag.app including: (i) a description of the original work you own; (ii) identification of the allegedly infringing content; (iii) a statement of good faith belief; and (iv) your contact details. We will assess valid notices and take appropriate action in accordance with the Austrian Urheberrechtsgesetz (UrhG) and, where applicable, the E-Commerce-Gesetz (ECG) § 16 (hosting provider obligations). The reported party may submit a counter-notice; we will seek legal advice before reinstating removed content.

12.6 Moderation Disclaimer

NoteTag is operated by a single person. We moderate in good faith but cannot guarantee that all violating content will be identified or removed immediately. We are not liable for user-generated content or for any failure to detect or remove it promptly.

13. Termination and Account Deletion

13.1 Deletion by You

You may delete your account at any time through the in-app Settings. Deletion is permanent and cannot be undone. See our Privacy Policy for what data is retained and for how long.

13.2 What Happens on Deletion

• All of your private Spaces and the Notes and images within them are scheduled for permanent deletion and will be physically removed within 90 days.
• Shared Spaces you own are transferred to another active member. If no other active member exists, the Space is deleted.
• Notes you contributed to shared Spaces remain in those Spaces. Because Notes carry no author attribution, they cannot be individually identified as yours and cannot be specifically removed.
• Any active subscription is not automatically cancelled. Cancel your subscription through your App Store or Play Store before requesting deletion to avoid further charges.

13.3 Suspension and Termination by Us

We may suspend or terminate your account immediately and without prior notice if:

• you materially breach these Terms (including commercial use without a licence, creation of prohibited content, or repeated acceptable-use violations);
• required to do so by law, court order, or competent authority; or
• we reasonably suspect fraud or abuse.

Where feasible and not prohibited, we will give reasonable prior notice before terminating for non-urgent breaches.

13.4 Effect of Termination for Breach

If we terminate your account for breach of these Terms, you are not entitled to a refund of any subscription fees. Refunds in respect of termination for reasons other than breach are governed by Apple's or Google's policies.

14. Intellectual Property

14.1 Our Property

All intellectual property in the Service — including the application design, source code, branding, name, and logo — is owned by or licensed to us. You may not copy, modify, distribute, sublicense, or create derivative works based on the Service or our brand materials without our prior written consent.

14.2 Feedback

If you submit suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable licence to use that feedback for any purpose, without obligation or compensation to you.

15. Third-Party Services

The Service integrates the following third-party services. Your use of the Service implies acknowledgment that these third parties' own terms and privacy policies also apply:

We are not responsible for the availability, content, functionality, or data practices of any third-party service. Disputes arising solely from a third-party service must be resolved directly with that provider.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS;
• ANY DATA STORED THROUGH THE SERVICE WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION; OR
• DEFECTS IN THE SERVICE WILL BE CORRECTED WITHIN ANY PARTICULAR TIMEFRAME.

This disclaimer does not exclude or limit any liability that cannot be lawfully excluded under applicable mandatory law. Nothing in this Section limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under the Austrian Konsumentenschutzgesetz (KSchG) or applicable EU consumer protection directives.

17. Limitation of Liability

17.1 Exclusion of Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR DEVICE DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL AMOUNTS YOU HAVE PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, REGARDLESS OF WHETHER PAYMENT WAS MADE THROUGH APPLE, GOOGLE, OR ANY OTHER INTERMEDIARY; OR
• FIFTY EUROS (€50).

IF YOU ARE A FREE-TIER USER AND HAVE MADE NO PAYMENTS FOR THE SERVICE, OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY EUROS (€50).

17.3 Data Loss

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR LOSS, CORRUPTION, UNAUTHORISED ACCESS TO, OR UNAVAILABILITY OF YOUR CONTENT. YOU BEAR SOLE RESPONSIBILITY FOR MAINTAINING INDEPENDENT COPIES OF IMPORTANT DATA.

17.4 Mandatory Carve-Outs

The limitations in Sections 17.1 and 17.2 do not apply to:

(a) liability for gross negligence (grobe Fahrlässigkeit) or wilful misconduct (Vorsatz) under Austrian law; (b) death or personal injury caused by our negligence; (c) fraud or fraudulent misrepresentation; or (d) any liability that cannot be excluded or capped under the Austrian KSchG, EU Directive 2019/770 on digital content and digital services, or other applicable mandatory consumer protection law.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us harmless from and against any claims, damages, losses, and reasonable legal costs brought by a third party arising out of your violation of these Terms or your misuse of the Service.

This indemnification obligation does not apply to consumers acting in their capacity as consumers under Austrian or EU consumer protection law.

19. Modifications to the Service

We may add, modify, or remove features at any time. For paid subscribers, we will not reduce tier limits during an active billing period. We will give reasonable advance notice of material changes to paid features.

We may discontinue the Service permanently. In that event, we will provide at least 30 days' advance notice via email or in-app notification. We may, at our sole discretion, offer a mechanism or period for you to retrieve your content, but we are under no obligation to provide export functionality. Upon discontinuation, data will be deleted in accordance with the retention schedule in the Privacy Policy.

20. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, war or armed conflict, government sanctions or embargoes, failure or unavailability of third-party cloud infrastructure or telecommunications networks, cyberattacks, or changes in applicable law or regulation. During any such event, our affected obligations are suspended. If the event continues for more than 90 days, either party may terminate the agreement by written notice.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Service, applicable law, or our practices. When we make a material change, we will notify you via an in-app screen and require you to accept the updated Terms before continuing to use the Service. The "Effective date" at the top of this document reflects the date of the most recent revision. If you do not accept updated Terms, you must stop using the Service and may delete your account.

22. Governing Law and Jurisdiction

22.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

22.2 Jurisdiction

Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts in Austria.

22.3 Consumer Rights Reservation

Nothing in Sections 22.1 or 22.2 affects your rights as a consumer under the mandatory laws of your country of habitual residence. EU/EEA consumers retain the right to bring proceedings in their local courts and to rely on the mandatory consumer protection laws of their home country, including rights conferred by EU Directive 2019/770 on digital content and services.

For EU consumers, the European Commission's Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr

23. Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior understandings or agreements on the same subject matter.

24. Contact

For questions about these Terms, commercial licensing enquiries, copyright takedown notices, or legal notices:

Caspari e.U
Manuel Caspari
Millergasse 19/20
1060 Vienna
Austria
Email: contact@notetag.app