Terms of Service

Effective Date: 11 February 2026
Last Updated: 10 March 2026

These Terms of Service ("Terms") govern your use of the Noffy mobile application ("App"), operated by Noffy ("we," "us," or "our"). By downloading, installing, or using Noffy, you agree to be bound by these Terms. If you do not agree, do not use the App.

These Terms are between you and Noffy only, and not with Apple Inc. ("Apple"). Noffy, not Apple, is solely responsible for the App and its content.

Please also review our Privacy Policy at noffy.ai/privacy, which explains how we collect, use, and protect your information.

1. Eligibility

You must be at least 13 years old to use Noffy (or 16 years old if you are located in the European Economic Area). By using the App, you represent that you meet these age requirements. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Description of Service

Noffy is an AI-powered note-taking app for iOS that helps you capture, organize, and enhance your notes using artificial intelligence.

2.1 Features

• Content Creation: Audio recording with real-time transcription, audio and video file upload, text input, document scanning (OCR), photo capture, and clipboard paste
• AI-Powered Features: Transcription, summarization, AI chat, slide generation, visual slides, infographics, article generation, flash cards, quizzes, translation, and text-to-speech
• Organization: Folders and annotations
• Sync: Optional iCloud sync across your Apple devices (via Apple CloudKit)

2.2 Privacy-First Design

Your notes, recordings, transcripts, and AI-generated content are stored exclusively on your device and in your personal iCloud account (if sync is enabled). We do not store, access, or have the ability to retrieve your content from our servers. For full details, see our Privacy Policy.

3. Your Account

Noffy does not require a traditional account. You do not need to provide an email address, create a password, or share your name. Your identity within the App is established through an anonymous identifier derived from your Apple iCloud account.

You are responsible for maintaining the security of your Apple ID and your device. We are not liable for any unauthorized use of the App through your device or Apple ID.

4. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Noffy on your personal iOS devices for personal purposes, subject to these Terms. This license does not include the right to:

• Sublicense, sell, redistribute, or commercially exploit the App
• Modify, adapt, reverse engineer, decompile, or disassemble the App
• Attempt to extract or derive the source code, AI model prompts, or underlying algorithms
• Use bots, scrapers, crawlers, or other automated means to access or extract data from the App
• Share your account access or subscription benefits with others
• Remove or alter any copyright, trademark, or proprietary notices

5. User Content and Ownership

5.1 Your Ownership

You retain full ownership of all content you create, upload, or input into Noffy, including your original notes, recordings, photos, videos, and text. You also retain ownership of AI-generated content derived from your input, including summaries, slides, articles, flash cards, quizzes, translations, and text-to-speech audio.

5.2 License to Process

By using AI features, you grant us a limited, non-exclusive license to transmit your content to our third-party AI providers solely for the purpose of processing your request (for example, generating a summary or transcription). This license terminates once the result is delivered to your device. We do not retain your content on our servers.

5.3 Similarity of AI Output

AI-generated content is produced algorithmically. Different users providing similar input may receive similar or identical output. You acknowledge that AI-generated content is not guaranteed to be unique, and you do not acquire exclusive rights to any AI output.

5.4 Content Recovery

Because your content is stored on your device and in your personal iCloud account, we cannot access, recover, or restore your content. You are solely responsible for maintaining backups of your data. If you lose your device, delete the App, or disable iCloud sync, we cannot retrieve your content.

6. AI Features — Disclaimers and Limitations

6.1 No Accuracy Guarantee

AI features, including transcription, summarization, chat, and content generation, rely on third-party artificial intelligence models. AI-generated content may contain errors, inaccuracies, omissions, or fabricated information ("hallucinations"). We do not guarantee the accuracy, completeness, reliability, or factual correctness of any AI-generated content.

6.2 Your Responsibility

You are solely responsible for reviewing, verifying, and editing all AI-generated content before relying on it or sharing it with others. Do not use AI-generated content as a substitute for your own judgment or independent verification.

6.3 Not Professional Advice

AI-generated content does not constitute professional advice of any kind. Noffy is not a substitute for legal, medical, financial, academic, or other professional guidance. You should consult qualified professionals for matters requiring expert advice.

6.4 Third-Party AI Providers

We utilize external AI providers to power our features. Each provider has their own privacy policy and terms governing how they handle data:

We access all AI providers through their API services, which by default do not use API customer data for model training. We do not enable any settings that would allow providers to train on your content.

6.5 Availability

AI features require an active internet connection and are dependent on the availability of third-party providers. We do not guarantee that AI features will be available at all times. On-device features such as recording and local playback function without an internet connection.

7. Recording and Audio — Legal Compliance

7.1 Recording Consent

Recording laws vary by jurisdiction. Some jurisdictions require the consent of all parties before a conversation may be recorded (known as "two-party" or "all-party" consent laws). You are solely responsible for understanding and complying with all applicable local, state, national, and international laws regarding audio and video recording.

You must obtain all necessary consents before recording any person. We are not responsible for any legal consequences arising from your use of the recording features.

7.2 Institutional Policies

If you use Noffy in an educational, professional, or institutional setting, you are responsible for complying with all applicable institutional policies regarding recording, transcription, and content distribution.

7.3 Copyright

You are responsible for ensuring that content you record, upload, or import does not infringe the intellectual property rights of others. You may not use Noffy to reproduce copyrighted material without authorization.

8. Prohibited Uses

You agree not to use Noffy to:

• Generate, store, or distribute content that promotes hate speech, harassment, threats, or violence
• Create spam, misleading content, or disinformation
• Generate deepfakes or deceptive impersonations
• Produce content that exploits, harms, or endangers minors
• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or AI model prompts
• Circumvent or manipulate usage limits, rate limits, or the Sparks credit system
• Use automated tools (bots, scrapers, crawlers) to interact with the App
• Redistribute, resell, or commercially exploit AI-generated content as a service to third parties
• Interfere with or disrupt the App, its servers, or connected networks

We reserve the right to suspend or terminate your access if we determine, in our sole discretion, that you have violated these prohibited uses.

9. Subscriptions and Payments

9.1 Free and Pro Tiers

Noffy offers a Free tier with limited features and a Pro subscription with enhanced capabilities. Feature availability and limits for each tier are displayed within the App and may change from time to time.

9.2 Pro Subscription

Pro subscriptions are available on annual and weekly billing cycles through Apple's In-App Purchase system. A free trial may be offered to eligible first-time subscribers, as determined by Apple. Subscription prices are displayed in your local currency within the App.

9.3 Payment Processing

All payments are processed exclusively through Apple's App Store. We do not collect, process, or store your payment information, including credit card numbers and billing addresses. Apple handles all payment processing subject to Apple's own terms and privacy policy.

9.4 Auto-Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

To cancel your subscription: Open your device's Settings > [Your Name] > Subscriptions, and select Noffy to manage or cancel. Cancellation takes effect at the end of the current billing period. You retain access to Pro features until then.

After cancellation, your content remains on your device and iCloud. You revert to the Free tier.

9.5 Free Trials

If a free trial is offered, the unused portion of any free trial period will be forfeited when you purchase a subscription. Trial eligibility is determined by Apple and may not be available to all users.

9.6 Refunds

Refund requests should be directed to Apple, as all transactions are processed through the App Store. You may request a refund from Apple at reportaproblem.apple.com.

9.7 Price Changes

We may change subscription prices from time to time. Price changes take effect at the start of the next subscription period following the date of the price change. Apple will notify you in advance so that you can review and accept the new price.

10. Sparks (Credits)

10.1 What Are Sparks

Sparks are in-app credits used to generate certain AI visual content within the App. The specific features requiring Sparks and the cost per generation are displayed within the App.

10.2 Earning and Purchasing Sparks

Pro subscribers receive a periodic allocation of free Sparks. Unused Sparks from this periodic allocation do not carry over and are forfeited at each reset. Additional Spark packs are available for purchase through Apple's In-App Purchase system at prices displayed within the App.

10.3 Using Sparks

When you use Sparks, your periodic allocation is consumed first. Purchased Sparks are only used after your periodic allocation is exhausted.

10.4 Expiration

Purchased Sparks never expire. Periodic (free) Sparks expire at each allocation reset.

10.5 Non-Transferable and Non-Refundable

Sparks are non-transferable between accounts and cannot be exchanged for cash. Purchased Sparks are non-refundable, except as required by applicable law or Apple's refund policies.

10.6 Cancellation of Pro Subscription

If you cancel your Pro subscription, you lose your periodic Spark allocation. Any remaining purchased Sparks stay in your account.

10.7 Modifications

We may modify the Sparks system, including the allocation amounts, pricing, and which features require Sparks, at any time.

11. Intellectual Property

11.1 Our Intellectual Property

Noffy, including its design, code, logos, trademarks, and all non-user content, is owned by us and protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited license to use the App as described in Section 4.

11.2 Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe content accessible through Noffy infringes your copyright, please contact us at hello@noffy.ai with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf

12. Privacy

Your use of Noffy is governed by our Privacy Policy, available at noffy.ai/privacy. The Privacy Policy explains what information we collect, how we use it, and how we protect it. By using Noffy, you acknowledge that you have read and understood our Privacy Policy.

13. Service Availability and Modifications

We strive to keep Noffy available and reliable, but we do not guarantee uninterrupted or error-free service. AI features depend on third-party providers and internet connectivity and may be temporarily unavailable due to maintenance, outages, or changes by third-party providers.

We reserve the right to modify, suspend, or discontinue any feature or aspect of Noffy at any time, with or without notice.

On-device features (recording, local playback, note editing) function without an internet connection. Cloud-dependent features (AI processing, sync, cloud-based transcription) require an active internet connection.

14. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) THE RESULTS OBTAINED FROM USE OF THE APP WILL BE SATISFACTORY; OR (E) ANY ERRORS IN THE APP WILL BE CORRECTED.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF NOFFY SHALL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, we are not liable for:

• Inaccuracies in AI-generated content, including transcriptions, summaries, and quiz answers
• Decisions you make based on AI-generated content
• Loss of content due to device failure, iCloud issues, or user error
• Legal consequences of recording without proper consent
• Unauthorized access to your device or iCloud account
• Actions or omissions of third-party AI providers

16. Indemnification

You agree to indemnify, defend, and hold harmless Noffy, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you create, record, upload, or distribute using the App
• Your violation of any applicable laws, including recording consent laws

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at hello@noffy.ai and attempt to resolve the dispute informally for at least 30 days.

17.2 For Residents of the United States

If you reside in the United States and the dispute is not resolved informally, you agree that the dispute shall be resolved by binding individual arbitration. You and Noffy each waive the right to a trial by jury and the right to participate in a class action, collective action, or representative proceeding.

Arbitration shall be conducted by a recognized arbitration body under its then-current rules. The arbitration shall take place in a location mutually agreed upon or remotely.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to hello@noffy.ai within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts specified below.

Exceptions: Either party may bring claims in small claims court if eligible. Nothing in this section prevents either party from seeking injunctive or equitable relief in court for matters relating to intellectual property or unauthorized access.

17.3 For All Other Users

If you reside outside the United States, any dispute arising from or relating to these Terms shall be resolved in the competent courts of Amsterdam, The Netherlands.

17.4 Consumer Protection

Nothing in this section deprives you of the protection afforded by the mandatory laws of your country of residence, including applicable consumer protection laws. If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence.

18. Termination

We may suspend or terminate your access to Noffy at any time, with or without cause, with or without notice.

You may stop using Noffy at any time by deleting the App from your devices.

Upon termination:

• Your license to use Noffy is immediately revoked
• Your content remains on your device and in your iCloud account (we have no access to it)
• Your server-side usage data may be deleted or retained as described in our Privacy Policy
• Unused purchased Sparks are forfeited
• Active subscriptions should be canceled through your Apple ID settings to avoid continued billing

The following sections survive termination: Sections 5 (Content Ownership), 6 (AI Disclaimers), 11 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), and 20 (Apple Terms).

19. Export Control and Sanctions

You represent and warrant that:

• You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country
• You are not listed on any United States government list of prohibited or restricted parties

20. Apple-Specific Terms

The following terms apply to your use of Noffy as downloaded from Apple's App Store:

1. Parties: You acknowledge that these Terms are between you and Noffy only, and not with Apple. Noffy, not Apple, is solely responsible for the App and the content thereof.
2. Support: Apple has no obligation to provide any maintenance or support services for Noffy. For support, please contact us at hello@noffy.ai.
3. Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
4. Claims: Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
5. Intellectual Property: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Noffy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
6. Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

21. General Provisions

21.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. This choice of law does not deprive consumers of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

21.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Noffy regarding your use of the App.

21.3 Severability

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

21.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

21.5 Assignment

We may assign or transfer our rights and obligations under these Terms at any time without notice. You may not assign or transfer your rights or obligations without our prior written consent.

21.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or power failures, or third-party service outages.

21.7 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms at noffy.ai/terms and, where appropriate, through an in-app notification. The "Last Updated" date at the top of these Terms indicates when they were last revised. Your continued use of Noffy after any changes constitutes your acceptance of the updated Terms.

22. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Email: hello@noffy.ai

Website: noffy.ai

Privacy Policy: noffy.ai/privacy