1. Scope
1.1 These terms apply to the use of Note Way: the apps for macOS and iOS, the Note Way cloud service and this website (together "Note Way"). Note Way is provided by André Bäcker, trading as Note Way, Hopstener Straße 25, 49479 Ibbenbüren, Germany ("we", "us"). Our full details are in the Imprint.
1.2 These terms apply to consumers and to business customers. A consumer is anyone who uses Note Way for purposes that are mainly outside their trade, business or profession (§ 13 of the German Civil Code, BGB). A business customer is anyone who uses Note Way for their trade, business or profession (§ 14 BGB). Where a section applies only to one of the two, it says so.
1.3 Terms of business customers do not apply, even if we don't object to them, unless we agree to them in writing.
1.4 You buy the Pro plan from Apple (iPhone) or from our reseller Paddle (Mac), see section 5. Their terms apply to the purchase. These terms apply to your use of Note Way.
2. Your account
2.1 You need an account to use Note Way. You must be at least 16 years old.
2.2 Please give correct details and keep your sign-in safe. Tell us at hello@noteway.ai if you think someone else is using your account.
2.3 An account is for one person. You may not share it with others.
3. What Note Way does
3.1 Note Way turns what you say, type or photograph into tasks, events, lists, ideas, notes and pages, files them where they belong and keeps your Mac and iPhone in sync. Pro also includes call notes on the Mac (Note Way Calls) with the hours included in your plan. The description on our website at the time of your order applies.
3.2 Note Way uses AI to understand your input and to write transcripts and summaries (section 8).
3.3 Note Way needs an internet connection and a supported device: a Mac with macOS 12 or later (call notes need macOS 14.2 or later) and an iPhone with iOS 17 or later.
3.4 There is no limit on what you say or type in normal use. If use is automated or many times higher than normal use by one person, and puts the service at risk, we may slow it down or limit it. Where possible, we tell you first.
4. Free start
4.1 With every account you can use Note Way for 5 inputs free of charge, on your Mac and your iPhone together. An input is one thing you say, type or photograph that Note Way understands with AI; questions back and corrections to the same input don't count. Call notes are part of Pro and not included in the free start.
4.2 You don't need a payment method for the free start, and it doesn't turn into a paid plan by itself. After the fifth input, Note Way asks whether you want Pro. Without Pro, Note Way no longer understands new inputs with AI; what you already have stays in your account, and you can read, export and delete it at any time.
4.3 Each person can use the free start once.
5. Plans, prices and payment
5.1 Pro costs €15 a month or €144 a year and includes 5 hours of call notes a month. With 10 hours of call notes, Pro costs €22 a month or €216 a year. The prices include VAT. The prices on our pricing page or in the App Store at the time of your order apply.
5.2 Who sells to you:
- iPhone: you buy Pro in the App Store from Apple. Apple's Media Services Terms apply. Payment, renewal, cancellation and refunds go through Apple.
- Mac: Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders on the Mac. Paddle provides all customer service inquiries about orders and payments and handles returns. You buy Pro from Paddle.com Market Limited, London, United Kingdom ("Paddle"). Paddle's Buyer Terms apply. Paddle takes the payment and sends you the invoice.
5.3 You pay in advance for each billing period (a month or a year).
5.4 Call hours: the hours included in your plan are counted per calendar month in your time zone. Only time in which someone speaks counts; silence does not. Unused hours do not carry over. The app shows how many hours are left. When they are used up, call notes continue in a basic mode, in which the sound stays on your Mac and the card is written with a simpler model, until the next month starts or you switch to more hours.
5.5 Price changes: we can change prices for future billing periods. We tell you at least 30 days before. For consumers, a higher price only applies if you agree to it. If you don't agree, we may end your plan at the time the new price would apply; until then you keep Pro at the old price. Business customers may end their plan at the time the new price applies. In the App Store, Apple's process for price changes applies.
6. Term and cancellation
6.1 Monthly plan: runs for one month and renews by one month at a time. You can cancel at any time, effective at the end of the current month.
6.2 Yearly plan: runs for one year.
- Consumers: after the first year, the plan continues for an indefinite period. You can then cancel at any time with one month's notice. We refund the part of the fee paid in advance for the time after your plan ends.
- Business customers: the plan renews by one year unless you cancel before the end of the current year.
6.3 How to cancel:
- On your iPhone, in your Apple account under Subscriptions.
- For the Mac, in the app under Settings → Your plan, with the "Cancel contracts here" button at the bottom of every page of our website (noteway.ai/cancel), or by email to hello@noteway.ai. We confirm receipt of your cancellation by email right away.
You keep Pro until the end of the period you paid for.
6.4 Both sides can terminate for good cause without notice (§ 314 BGB). Good cause for us is, in particular, a serious breach of section 10 or 11, or repeated non-payment.
6.5 After your plan ends, your account and your content stay. You can still sign in, see your content and save a copy of it. New entries and call notes need Pro.
7. Right of withdrawal (consumers)
7.1 As a consumer in the EU, you have a statutory right to withdraw from the purchase within 14 days. You exercise it towards the seller: for the iPhone towards Apple, for the Mac towards Paddle. Their withdrawal instructions apply.
7.2 If you asked for Pro to start during the withdrawal period and then withdraw, you may have to pay for the part of the service provided until then (§ 357a(2) BGB).
7.3 For the Mac, you can also declare your withdrawal with the "Withdraw from contract" function at the bottom of every page of our website (noteway.ai/withdraw, § 356a BGB). Your withdrawal is in time if you send it there before the withdrawal period ends. We confirm receipt by email right away, with the content of your declaration and the date and time of receipt, and handle the withdrawal with Paddle.
7.4 When and how you get money back is set out in our Refund Policy.
8. AI and its results
8.1 Note Way uses AI models, currently from OpenAI and Apple, to understand your input, transcribe speech and write summaries. AI results can be wrong or incomplete: a wrong date, a missing task, a misheard name, a summary that misses a point.
8.2 Note Way shows you what it understood and lets you undo it. Please check important things before you rely on them, especially appointments, deadlines, promises and call summaries. Don't use Note Way as your only record where a mistake could cause serious harm, for example in medical, legal, financial or safety matters.
8.3 Results from Note Way are not advice.
8.4 Neither we nor OpenAI use your content to train AI models. Spellings you correct are kept by Note Way only for you, in "Your dictionary"; this is not training of an AI model. Details are in our Privacy Policy.
9. Your content
9.1 What you capture in Note Way remains yours.
9.2 You allow us to store, copy, process, transmit (including to the service providers in our Privacy Policy) and display your content, but only as far as needed to provide Note Way to you, and only as long as your contract runs or the law requires. This permission is non-exclusive, free of charge and not limited to a territory, because our providers also work outside Germany. It ends for each piece of content when you delete it.
9.3 You are responsible for your content and for having the right to capture it. Your content must not violate the law or the rights of others.
9.4 We look at your content only if you ask us to (for example for support), if the law requires it, or if we must check a specific notice of illegal content (section 12).
10. Call notes: your responsibility
10.1 Note Way Calls writes down calls on your Mac. It records the sound of your microphone and of the call, turns it into text and writes a summary. If you turn this on, it starts by itself in meeting apps.
10.2 In many countries it is forbidden to record or transcribe a private conversation without the consent of everyone in it. In Germany it is a criminal offence (§ 201 of the German Criminal Code, StGB), and in several US states, such as California, everyone in the call must agree as well. Before notes start, you must therefore:
- tell everyone in the call that you are taking notes with Note Way, including that an AI writes the transcript and a summary;
- get the consent of everyone in the call where the law requires it; in Germany and in US states such as California it always does;
- stop the notes at once if someone objects.
Note Way gives you a sentence for this that you can paste into the chat.
10.3 Automatic start: only turn it on for calls in which you can make sure that everyone has agreed in advance, for example through an agreement in your team or a note in the invitation. You can undo an automatic start within 10 seconds and end the notes at any time.
10.4 At work: you are responsible for following your organisation's rules, data protection law and, where they exist, the rights of works councils. Business customers who take notes of calls with other people's data conclude our data processing agreement (Art. 28 GDPR) with us. You get it on request at hello@noteway.ai.
10.5 Don't use Note Way Calls to listen in on conversations you're not part of, or to monitor the performance or behaviour of employees.
10.6 Business customers only: you indemnify us against claims by third parties that arise because you breached sections 10.2 to 10.5, unless you are not responsible for the breach.
11. Fair and lawful use
You must not:
- break the law or the rights of others with Note Way, or store illegal content in it;
- attack Note Way, overload it, or get around its security or limits, including the counting of call hours;
- decompile or reverse engineer the apps, except where the law allows it (§§ 69d and 69e of the German Copyright Act, UrhG);
- use Note Way through scripts or other automated means, except through interfaces we offer for it;
- resell Note Way or offer it to others as a service;
- use Note Way or its results to develop competing AI models;
- use Note Way for practices that the EU AI Act prohibits, for example recognising the emotions of people at work.
12. Notices of illegal content
12.1 If you believe that content in Note Way is illegal, tell us at hello@noteway.ai. Please explain why, say where the content is, and give your name and email address. We confirm receipt, check the notice carefully and promptly, and tell you our decision.
12.2 If we have concrete evidence of illegal content or of a serious breach of these terms, we may block the content or suspend the account. We consider the interests of everyone involved and choose the mildest effective measure. We tell you the reasons, and you can object by email.
13. Availability, updates and changes
13.1 We work to keep Note Way available at all times, but we cannot guarantee that it runs without interruption, for example during maintenance, outages of our providers or events beyond our control. Statutory rights of consumers are not affected.
13.2 Updates: while your contract runs, we provide the updates, including security updates, that keep Note Way working as agreed (§ 327f BGB). Please install them promptly. We are not responsible for a defect that results only from not installing an update we told you about, including the consequences of not installing it.
13.3 Changes to Note Way: we may change Note Way beyond that if there is a valid reason, for example to adapt it to new technology or legal requirements, to improve security, because a provider changes its service (such as an AI model), or to add or improve features. Changes cost you nothing extra, and we tell you about them clearly. If a change impairs your access to Note Way or its use more than slightly, we tell you in advance by email. Consumers can then end the contract free of charge within 30 days of our message or of the change, whichever is later (§ 327r BGB). We refund fees paid in advance for the time after the contract ends.
13.4 We may replace the AI models we use with others that work at least as well.
14. Defects
14.1 Consumers: the statutory rights for digital products apply (§§ 327 ff. BGB).
14.2 Business customers: the statutory rights apply with these changes: tell us about defects in text form without undue delay. Claims for defects become time-barred after 12 months, except for the claims in section 15.1. Strict liability for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded.
15. Liability
15.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, under guarantees we gave and if we fraudulently concealed a defect.
15.2 For slight negligence we are only liable if we breach an essential contractual obligation, and only for the typical damage we could foresee when the contract was concluded. Essential obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on which you may regularly rely.
15.3 Apart from that, we are not liable for slight negligence.
15.4 Business customers only: for loss of data, we are liable only for the effort it would have taken to restore it from regular backups suited to the risk.
15.5 These limits also apply to the personal liability of the people who work for us.
16. Ending your account and your data
16.1 You can delete your account in the app at any time. Deleting it also cancels a Pro plan you bought for the Mac through Paddle. It does not cancel a subscription in the App Store; please cancel that in your Apple account.
16.2 Before you delete your account, you can save a copy of your content in the Mac app under Settings → Account.
16.3 What happens to your data afterwards is described in our Privacy Policy.
17. Changes to these terms
17.1 We may need to change these terms, for example for new features, changes in the law or court decisions. We tell you about changes at least six weeks before they take effect, by email or in the app.
17.2 Changes for existing customers only apply if you agree. If you don't agree, the previous terms continue to apply. In that case we may end your contract with effect from the end of your current billing period.
18. Additional terms for the iPhone app
18.1 If you get the iPhone app from the App Store, Apple's Standard Licensed Application End User License Agreement also applies. These terms are an agreement between you and us, not Apple. We, not Apple, are solely responsible for the iPhone app and its content. Apple has no obligation to provide maintenance or support for the app.
18.2 Licence: you may use the iPhone app on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. This right is not transferable. Other accounts associated with yours through Family Sharing or volume purchasing may also use the app.
18.3 Warranty and claims: if the iPhone app fails to meet an applicable warranty, you can notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. If anyone claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim. Your statutory rights against us (sections 14 and 15) are not affected.
18.4 Legal requirements: you confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
18.5 Contact and third-party terms: please send questions, complaints and claims about the iPhone app to us: André Bäcker, Note Way, Hopstener Straße 25, 49479 Ibbenbüren, Germany, hello@noteway.ai. When you use the app, you must comply with the third-party terms that apply to it, for example those of your mobile carrier.
18.6 Apple as third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these terms as far as they concern the iPhone app. Once you accept these terms, Apple has the right to enforce them against you as a third-party beneficiary.
19. Final provisions
19.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not take away the protection of the mandatory laws of the country where you habitually reside.
19.2 If you are a merchant, a legal entity under public law or a special fund under public law, the courts at our place of business in Ibbenbüren, Germany, have exclusive jurisdiction.
19.3 These terms are available in English and German. The German version is binding; the English version is a translation.
19.4 We don't store the text of your contract for you individually. You can view and save these terms on this page at any time. Apple or Paddle send you a confirmation of your purchase.
19.5 We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
19.6 If a provision of these terms is invalid, the rest of the terms remain valid. The statutory provisions apply in place of the invalid provision.