End User Licence Agreement

The terms you agree to when you install and use NotchBook.

NotchBook is a habit tracking, task list, timer and journalling app provided by ButterflyRay Limited, also trading as ButterflyRay ("ButterflyRay", "we", "us" or "our"). This End User Licence Agreement (the "Agreement") is a legal agreement between you ("you" or "User") and ButterflyRay governing your access to and use of the app and any related services, content and features (together, the "App").

This Agreement applies whether you obtained the App from the Apple App Store, Google Play or any other authorised distribution platform (each, an "App Store"). The store-specific terms in Sections 19 and 20 apply additionally according to the App Store you used.

By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by this Agreement and by our Privacy Policy. If you do not agree, do not download, install or use the App.

1. Licence Grant

Subject to your compliance with this Agreement, ButterflyRay grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the App on any device that you own or control, solely for your own personal or internal business use. You may install the App and sign in to your account on as many devices that you own or control as you like, and use it on all of them at the same time; the licence is granted to you personally, not to any one device. This is a licence, not a sale. ButterflyRay and its licensors retain all right, title and interest in and to the App.

2. The App and How It Works

NotchBook brings four everyday tools together in a single app: a habit tracker, a task list, a set of timers and a journal. Features may include creating simple and counted habits with targets, schedules and streaks; creating and organising task lists with dates and completion states; starting, customising and building interval and countdown timers; writing dated journal entries with optional mood, tags and photos; setting a profile picture; local reminders and notifications; backing up and synchronising your data in the cloud; and subscriptions and in-app purchases. We may add, change or remove features at any time.

The App requires an account. You must create a NotchBook account and sign in to use the App. Once you have signed in, the App works offline, with your data kept on your device, and cloud backup and sync is included with every account, so that your content is also held in our backend and follows you to every device you sign in on — you can use the App on as many devices that you own or control as you like with the same account. Backup and sync is subject to the limits described in Section 8, and some features — including attaching photos to journal entries — form part of a paid plan.

3. Eligibility and Age

The App's content is rated for general audiences and does not contain age-restricted material. This content rating is separate from the requirements below, which apply because the App collects personal information and offers paid and online features.

Because an account is required, and because the App involves personal information and online services — including cloud backup and sync, photo uploads and in-app purchases — it is not intended for young children. You may only create an account and use the App if you are at least 13 years old, and by doing so you represent that you are. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or guardian who agrees to this Agreement on your behalf.

4. Accounts

An account is required to use the App. When you create one, you agree to provide accurate information, to keep your credentials confidential, and to be responsible for all activity that occurs under your account. You may sign in to the same account on as many devices as you own or control, and your content syncs between them; your account is personal to you. Notify us at support@butterflyray.com if you believe your account has been compromised. We may suspend or terminate an account that has been used in breach of this Agreement.

5. Your Content

"User Content" means everything you create or upload in the App: your habits and their completion history, your tasks and lists, your timers, your journal entries — including any text, dates, moods and tags — and any images you upload, such as your profile picture and, on a paid plan, photos attached to journal entries. You are solely responsible for your User Content and for making sure that recording, uploading and storing it is lawful where you are.

When you upload an image you confirm that you own it or otherwise have the right to use it, and that anyone identifiable in it has consented where consent is required. Photographs often carry metadata written by the camera — the date, the device and sometimes the location the photo was taken — and that metadata is uploaded with the file unless your device removes it first.

The App is a personal record-keeping tool. Do not use it to store material you are prohibited from holding, material that infringes someone else's rights, or information that you are contractually or legally required to keep in a specific regulated system instead.

6. Ownership and Licence of User Content

You retain all ownership rights in your User Content. We claim no ownership of it.

To the extent your User Content is stored in our backend — anything covered by cloud backup and sync, and the images you upload — you grant ButterflyRay a limited, worldwide, non-exclusive, royalty-free licence to host, store, transmit, copy, resize and display that User Content solely for the purpose of operating and providing the App to you — that is, storing it, syncing it between your devices, backing it up and restoring it. This licence exists only so that the service can function, ends when you delete the content or your account, and gives us no right to publish your User Content, sell it, disclose it for advertising, or use it to train artificial intelligence or machine learning models.

7. Acceptable Use

You agree not to:

• use the App for any unlawful purpose or in breach of any applicable law or regulation;
• upload or store any image or other material that is unlawful, that depicts the sexual exploitation or abuse of a child, or that you do not own or otherwise have the right to use;
• copy, modify, adapt, translate, reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by law;
• remove, obscure or alter any proprietary notice in the App;
• rent, lease, lend, sell, sublicense, distribute or otherwise transfer the App or your rights under this Agreement;
• use the App to store or transmit malicious code, or to interfere with or disrupt the App, its servers or its networks;
• access the App or our services through automated means, or attempt to gain unauthorised access to any account, system or data;
• circumvent or attempt to circumvent any subscription, allowance, security or access-control mechanism; or
• use the App in a way that imposes an unreasonable or disproportionately large load on our infrastructure.

8. Subscriptions and In-App Purchases

The App is free to download, and the account you sign in with is free. Cloud backup and sync is included with every account, up to the storage and usage limits we set for free accounts; we publish those limits in the App and may adjust them from time to time on reasonable notice. Optional subscriptions and in-app purchases raise those limits and unlock additional features, including attaching photos to journal entries. Prices are shown in the App before you buy, in your local currency where supported.

Paid plans are not yet available in the App and will be introduced in a later release. Nothing in this Section obliges you to buy anything, and the free account remains usable when they arrive.

Subscriptions are billed through, and managed by, the App Store you purchased from. Unless you cancel, a subscription renews automatically at the end of each period and your payment method is charged at the then-current price. You can cancel or manage a subscription at any time in your Apple App Store or Google Play account settings; cancellation takes effect at the end of the current billing period. Refunds are handled by Apple or Google under their policies, except where a non-waivable right to a refund applies under the law of your country.

If a subscription lapses, your existing data is not deleted, but the features that depend on it — such as attaching new photos to journal entries — will stop until it is renewed, and the free-account limits apply again. Where you are over those limits you may be unable to add or sync new content until you are back within them. We may change prices or the composition of paid features; changes to the price of an existing subscription take effect only after notice and in accordance with the App Store's rules.

9. Not Medical, Health or Professional Advice

10. Reminders and Notifications

The App can send reminders and notifications to help you keep to your habits and tasks. Delivery depends on your device, its operating system, its notification and battery settings, and — for anything scheduled — on the device being on. We do not guarantee that any reminder will be delivered, delivered on time, or delivered at all, and you should not rely on the App for anything time-critical or safety-critical. You can turn notifications off at any time in the App or in your device settings.

11. Backups and Data Loss

Cloud backup and sync is included with every account, so your content is normally held in our backend as well as on your device. We take reasonable steps to keep it safe, but we do not guarantee against loss or corruption, and we do not guarantee that the service will be continuously available. Anything that has not been synced — changes made offline that have not yet uploaded, or content beyond the limits of your plan — exists only on your device, and uninstalling the App, resetting the device or losing the device will destroy it permanently; we cannot recover it. You remain responsible for keeping your own copies of anything you would be sorry to lose, including the original copies of your photographs. Deleting an entry, a photo or your account is permanent.

12. Intellectual Property

The App, including its software, design, interface, text, graphics, icons, the NotchBook name and mark, and all related intellectual property, is owned by ButterflyRay or its licensors and is protected by copyright, trade mark and other laws. Except for the licence expressly granted in Section 1, nothing in this Agreement transfers any right in the App to you.

13. Third-Party Services

The App relies on third-party services to work, including Google Firebase for authentication, cloud storage, analytics and crash reporting, and RevenueCat for purchase and subscription management. Your use of the App may be subject to those providers' terms, and their handling of information is governed by their own privacy policies, as described in our Privacy Policy. We are not responsible for third-party services, and their availability is outside our control.

14. Privacy

Our Privacy Policy explains what information we collect and how we use it, and forms part of this Agreement. Please read it. In short: an account is required to use the App; your account details, your synced content and the images you upload are stored in our backend, travelling over an encrypted SSL/TLS connection and encrypted at rest, but not end-to-end encrypted; nothing you write or upload is ever published; and we do not sell it or use it for advertising.

15. Termination

This Agreement remains in effect until terminated. You may terminate it at any time by deleting your account and uninstalling the App. We may suspend or terminate your licence and your access to our services immediately if you breach this Agreement, or if we reasonably believe your use creates a legal or security risk. On termination, the rights granted to you end and you must stop using and delete the App. Sections 5, 6, 11, 12 and 16 to 23 survive termination.

16. Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of loss or corruption of data, or that any defect will be corrected.

Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified — including consumer guarantees under the New Zealand Consumer Guarantees Act 1993 where it applies to you, and equivalent consumer protections in your own country. Where the App is supplied for business purposes, the Consumer Guarantees Act does not apply.

17. Limitation of Liability

To the maximum extent permitted by law, ButterflyRay and its directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, or loss or corruption of data, arising out of or related to your use of, or inability to use, the App — including any missed reminder, lost journal entry or interrupted streak — whether based in contract, tort, negligence, statute or otherwise, and whether or not we have been advised of the possibility of such damages.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless ButterflyRay from any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the App, or your breach of this Agreement or of any third-party rights.

19. Apple App Store Terms

This Section 19 applies only if you obtained the App from the Apple App Store. To the extent it conflicts with the rest of this Agreement, this Section prevails for those users:

• This Agreement is between you and ButterflyRay only, not with Apple. Apple is not responsible for the App or its content.
• The licence granted is limited to use of the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• ButterflyRay, not Apple, is solely responsible for the App and for providing any maintenance and support services. Apple has no obligation to furnish any maintenance or support.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are ButterflyRay's responsibility.
• ButterflyRay, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your use of it infringes intellectual property rights, ButterflyRay, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, will have the right to enforce it against you.
• You must comply with applicable third-party terms when using the App.

20. Google Play Terms

This Section 20 applies only if you obtained the App from Google Play. To the extent it conflicts with the rest of this Agreement, this Section prevails for those users:

• This Agreement is between you and ButterflyRay only, not with Google. Google is not a party to this Agreement and is not responsible for the App or its content.
• Your use of the App is also subject to the Google Play Terms of Service and any other applicable Google terms. Where this Agreement is more restrictive, this Agreement applies as between you and ButterflyRay to the extent permitted by those terms.
• ButterflyRay, not Google, is solely responsible for the App and for providing any maintenance and support services. Google has no obligation to furnish any maintenance or support for the App.
• Purchases and subscriptions made through Google Play are processed by Google under its terms. Refunds are handled in accordance with the Google Play refund policy, except where a non-waivable right to a refund applies under the law of your country.
• ButterflyRay, not Google, is responsible for addressing any claims relating to the App, including product liability, consumer protection, regulatory and intellectual property infringement claims.
• You must comply with all applicable third-party terms when using the App, including any terms applicable to the Google services it relies on.

21. Changes to This Agreement

We may update this Agreement from time to time. We will notify you of material changes by posting the updated Agreement on this page and updating the effective date above, and by giving notice in the App. You are advised to review this page periodically. Your continued use of the App after changes take effect constitutes your acceptance of the revised Agreement.

22. Governing Law

This Agreement is governed by the laws of New Zealand, without regard to its conflict of law rules, and you submit to the non-exclusive jurisdiction of the courts of New Zealand. This choice of law does not deprive you of any mandatory consumer protections available under the laws of the country in which you reside.

23. General

If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition or sale of assets. This Agreement, together with the Privacy Policy, is the entire agreement between you and ButterflyRay regarding the App.

24. Contact Us

If you have any questions about this Agreement, contact us at support@butterflyray.com.