End-User License Agreement

This End-User License Agreement (the "Agreement" or "EULA") is a binding legal agreement between you ("you" or the "Licensee") and [COMPANY] ("we", "us", or the "Licensor") governing your access to and use of the Fresh Jots software and hosted note-taking service (together, the "Service"). It is the licence layer of our legal documents: the [Terms of Service](/terms) govern your account, billing, and acceptable use; the [Privacy Policy](/privacy) governs how we handle personal data; this Agreement governs the grant, scope, and restrictions of your right to use the Service. Where these documents overlap, the order of precedence in the Terms of Service controls, and this Agreement controls for matters of licence grant, permitted use, and restrictions.

By creating an account, clicking to accept, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not access or use the Service. You must be at least 16 years old and have the legal capacity to enter into this Agreement; if you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" includes that organisation.

- **Service** — the Fresh Jots hosted application, its software, web interface, REST API, documentation, and related features, as we make them available from time to time.

- **Software** — the object and source code, interfaces, and underlying technology that make up the Service, whether executed on our servers or delivered to your browser as client-side code.

- **Your Content** — the notes, titles, folders, attachments, and other material you create, upload, or store in the Service. Your Content is yours; this Agreement does not transfer ownership of Your Content to us. The licence you grant us to operate the Service on Your Content is set out in the Terms of Service.

- **API Token** — a bearer credential you generate to authenticate requests to the REST API.

- **Extension Token** — a single, append-only API Token bound to one note, intended for the Fresh Jots browser extension, as described in Section 5.

- **Schedule A** — the service limits published at [/limits](/limits), which are incorporated into this Agreement by reference and set the per-tier capacity, rate, and size limits that bound your licence.

- **Tier** — the plan under which you use the Service (Free, Personal, Pro, or Team), each carrying the entitlements and limits described on our pricing page and in Schedule A.

Subject to your continuous compliance with this Agreement and the Terms of Service, and to any limits applicable to your Tier, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal note-taking or your organisation's internal business purposes, for the duration of your account. The Service is provided to you as a hosted, software-as-a-service offering; we do not sell, deliver, or assign any copy of the Software to you, and no title to or ownership of the Software passes to you under this Agreement.

This licence extends to the client-side code the Service delivers to your browser solely to the extent necessary to run the Service as intended. Any rights not expressly granted in this Agreement are reserved to us and our licensors, and no rights are granted by implication, estoppel, course of dealing, or otherwise.

Your licence is scoped to the Tier under which your account operates. The note-count, storage, per-note size, API-token, and rate limits that apply to your Tier are set out in Schedule A and may differ between Tiers. Exceeding, or attempting to exceed, the limits of your Tier — or circumventing the controls that enforce them — is outside the scope of this licence. If you downgrade or your subscription lapses, your licence narrows to the entitlements of the Tier you are then on, and continued access to Your Content is governed by the data-retention terms in the Terms of Service.

The licence is granted per account. You are responsible for all activity under your account and under any credential issued from it. One account is for one person; sharing a single account among multiple people is outside the scope of this licence, and the Team Tier exists for multi-person use.

As between you and us, you retain all right, title, and interest in Your Content. We claim no ownership of it, we do not sell it, we do not use it to train artificial-intelligence models, and we access it only as needed to operate, secure, back up, and support the Service, or as required by law. The limited licence you grant us to store and process Your Content for those purposes, and the handling of Your Content after your subscription ends, are described in the Terms of Service and the Privacy Policy. You are solely responsible for the lawfulness of Your Content and for keeping your own copies; the export tools in the Service let you do so at any time.

On Tiers that include API access, we grant you a licence to use the documented REST API at [/docs](/docs) in accordance with this Agreement and Schedule A. API access is authenticated with bearer API Tokens you generate from your profile; the number of active tokens, the per-token rate limits, and the request and payload size limits are set out in Schedule A.

- **Tokens are credentials.** Treat every API Token like a password. Do not share it, embed it in client-side code you distribute, or commit it to a public repository. Anyone holding a token can act as your account up to the API's rate and capacity limits, and you are responsible for all traffic authenticated by your tokens, whether issued by you, by an integration you authorised, or by a third party who obtained your token.

- **Browser-extension (Extension) Token.** Independent of the Tier-based API-token allowances, every active subscriber — the Personal Tier included — may hold one append-only Extension Token bound to a single note, for use with the Fresh Jots browser extension. An Extension Token may only append to the one note it is bound to: it cannot read, modify, or delete that note, and it cannot reach any other note or endpoint. It is counted and rate-limited separately from your other API Tokens under Schedule A, and it is revoked automatically when your subscription lapses. The Extension Token is licensed to you on the same terms as any other API Token, and the restrictions in Section 7 apply to it in full.

- **Revocation.** You may revoke any token from your profile at any time. We may also revoke a token, or all tokens for an account, on reasonable notice (or immediately where required to protect the Service or other users) if its use threatens the integrity, security, or availability of the Service or appears to circumvent rate, capacity, or billing controls.

- **Changes to the API.** The API is part of the Service and may evolve. If we remove or materially change an endpoint, we will give the notice described in the Terms of Service.

The Service lets you make an individual note publicly readable through an unguessable share URL. When you enable a share link, you grant us permission to store and serve that note to anyone who has the link, for as long as the link is active. You are solely responsible for what you choose to share and for the consequences of distributing a share URL, including any onward sharing by recipients. You may revoke a share link at any time, after which we will stop serving the note at that URL, though copies others already made or cached are outside our control. We may disable a share link that violates this Agreement, the Terms of Service, or applicable law.

The licence in this Agreement is conditioned on your compliance with the following restrictions. You will not, and will not permit any third party to:

- copy, reproduce, modify, translate, or create derivative works of the Software or the Service, except for the client-side execution expressly contemplated in Section 2;

- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the Software, except to the limited extent this restriction is prohibited by applicable mandatory law;

- rent, lease, lend, sell, sublicense, assign, distribute, host, or otherwise make the Service available to any third party, or operate it as a service bureau for the benefit of third parties, except as expressly permitted on the Team Tier;

- circumvent, disable, or interfere with any limit, rate cap, billing control, licensing mechanism, authentication, or other access control, including the per-Tier limits in Schedule A;

- access the Service by any automated means other than the documented API within its published limits, or scrape, harvest, or bulk-extract content except through your own account's export tools;

- probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure, without our prior written authorisation;

- use the Service, or any of its components, ideas, or features, to build, train, or improve a competing product or service;

- remove, obscure, or alter any proprietary notice, label, or attribution on or in the Service;

- use our trademarks, logos, or brand features except as permitted in Section 9;

- use the Service in violation of applicable law, including export-control, sanctions, data-protection, and intellectual-property law, or to store or transmit content you do not have the right to store or transmit; or

- use the Service in a way that the Terms of Service prohibit under its acceptable-use rules.

Each restriction in this Section is a condition of, and a material term of, the licence; a breach of any of them terminates the licence granted in Section 2 with respect to the conduct in breach, in addition to any other remedy available to us.

The Service, the Software, and all related intellectual property — including their design, structure, organisation, source and object code, interfaces, documentation, trademarks, logos, and all copies and derivative works — are and remain the exclusive property of us and our licensors, and are protected by copyright, trademark, trade-secret, and other intellectual-property laws. This Agreement grants you only the limited licence expressly described, and does not transfer any ownership interest. Aside from that licence, we reserve all rights in and to the Service and the Software.

"Fresh Jots", the Fresh Jots logo, and our other names, marks, and brand features are our trademarks. This Agreement does not grant you any right to use them, and you will not use them in a way that is likely to cause confusion, imply endorsement or affiliation, or disparage us or the Service, without our prior written permission. Any goodwill arising from use of our marks inures solely to our benefit.

The Service incorporates third-party and open-source software, each licensed under its own terms. Nothing in this Agreement limits, supersedes, or modifies the rights and obligations you may have under those separate licences with respect to those components, and to the extent of any conflict between this Agreement and an open-source licence as applied to a given component, that open-source licence governs for that component. A list of material third-party components and their notices is available on request from the contact address below.

If you choose to send us suggestions, ideas, bug reports, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable licence to use, modify, and otherwise exploit that feedback for any purpose, without any obligation or compensation to you. You are not required to provide feedback, and any feedback you do provide is given voluntarily.

The Service is delivered as software-as-a-service and evolves over time. We may add, change, suspend, or remove features, components, or the Software at any time, and we may release updates that are applied automatically without action by you. We are not obliged to maintain backward compatibility, except as expressly stated for the API in the Terms of Service. We will use reasonable efforts to avoid materially degrading the core note-taking functionality of a paid Tier during its paid term, but the specific features, interfaces, and integrations available may change.

This Agreement and the licence it grants take effect when you first accept it and continue for as long as you have an account and comply with this Agreement and the Terms of Service. The licence ends immediately, without notice, if you materially breach this Agreement (including any restriction in Section 7); we may also suspend or terminate the licence as described in the Terms of Service, including for non-payment or account closure. On termination of the licence, your right to access and use the Service stops, although the Terms of Service govern the read-only access to, and export of, Your Content for a limited period after a paid subscription ends. The provisions that by their nature should survive — including Sections 4, 7, 8, 9, 11, and 14 through 19 — survive termination.

To the maximum extent permitted by law, the Service and the Software are provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your requirements, and you use it at your own risk. You are responsible for maintaining your own backups of Your Content. Nothing in this Section excludes or limits any warranty or right that cannot be excluded or limited under mandatory law applicable to you, including consumer-protection law.

The limitation of liability, including the exclusion of indirect, incidental, special, consequential, and similar damages and the monetary cap on our aggregate liability, is set out in the Terms of Service and applies to this Agreement and to your use of the Service as if restated here. Nothing in this Agreement or the Terms of Service excludes or limits liability that cannot be excluded or limited under mandatory law, and your mandatory consumer-protection rights are unaffected.

You will defend, indemnify, and hold us and our officers, employees, and agents harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of this Agreement, your misuse of the Service, Your Content, your use of API Tokens or share links, or your violation of law or of the rights of a third party, on the terms and subject to the conditions set out in the Terms of Service.

You acknowledge that a breach or threatened breach of the licence restrictions in Section 7, of the ownership and trademark provisions in Sections 8 and 9, or of the confidentiality of the Software, would cause us irreparable harm for which monetary damages would be an inadequate remedy. In such a case we are entitled to seek injunctive or other equitable relief to enforce this Agreement, in addition to any other remedy available at law, without the need to post a bond or prove actual damages, to the extent permitted by applicable law.

We may update this Agreement from time to time. Each version is identified by a date shown at the top of this page. If a change is material — for example, a change to the licence grant, to the restrictions in Section 7, or to a term that materially reduces the rights granted to you — we will notify you by email or through the Service at least 14 days before it takes effect, unless a shorter period is needed for legal or security reasons, and we will ask you to accept the updated Agreement. Non-material changes (typographical fixes, clarifications, and reorganisation that does not change rights or obligations) take effect on publication. Your continued use of the Service after the effective date of an updated Agreement means you accept it; if you do not agree, you may stop using the Service and close your account before the new version takes effect.

This Agreement is governed by the law of [JURISDICTION], and the governing-law, dispute-resolution, and consumer-forum provisions of the Terms of Service apply to it. This Agreement, together with the Terms of Service, the Privacy Policy, and Schedule A, forms the entire agreement between you and us regarding the licence to use the Service and supersedes any prior agreement on that subject. In case of conflict, the order of precedence in the Terms of Service applies, and this Agreement controls for matters of licence grant, permitted use, and restrictions. If any provision of this Agreement is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified to the minimum extent necessary to be enforceable while preserving its intent. Our failure to enforce a provision is not a waiver of it. You may not assign this Agreement without our written consent; we may assign it in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets. Section headings are for convenience only, and the English-language version of this Agreement controls.

Questions about this Agreement may be sent to [arsphy@yahoo.com](mailto:arsphy@yahoo.com), or [petkata5@yahoo.com](mailto:petkata5@yahoo.com). The service limits referenced throughout this Agreement are published, and kept current, at [/limits](/limits).