Loading...
AGREEMENT TO OUR LEGAL TERMS
We are Salvatore Castellitti, doing business as Caste.dev ("Company," "we," "us," "our"), a sole proprietorship (ditta individuale) registered in Italy at Via Sannio 1, Petrella Tifernina, Molise 86024, VAT number (partita IVA) 01945740700.
We operate the website VisualNote AI at visualnoteai.space (the "Website") and the VisualNote AI mobile application for iOS and Android (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). These Legal Terms apply to both the Website and the App. VisualNote AI turns text, uploaded documents, photos of notes, voice recordings, and web links into study notes and study material, such as sketchnote images, mind maps, flashcards, quizzes, audio episodes, and chat replies. It uses AI image models from OpenAI (GPT Image) and Google (Gemini), AI text models from Anthropic (Claude), and Google Gemini for transcription, YouTube videos, and synthetic voices. One account and one plan work on both the Website and the App. On the Website, teachers can also build printable tests and worksheets from a topic, a photo, or an uploaded document, edit them with AI assistance, and download them as PDF or Word files with an optional answer key, and they can turn a note into a lesson to show on a classroom board and share it with their pupils through a link. Generated images, along with user input text, uploaded documents, and associated metadata, are stored securely in our database and cloud storage. We use Supabase for data storage and user authentication. On the Website, subscriptions and credit packs are sold and billed by Polar, our merchant of record; some older subscriptions are still billed through Stripe. In the App, subscriptions are sold and billed by Apple (App Store) or Google (Google Play). We do not display advertisements on our Services.
You can contact us by phone at 3922242404, email at s.castellitti.dev@gmail.com, or by mail to Via Sannio 1, Petrella Tifernina, Molise 86024, Italy.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Salvatore Castellitti, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for individuals who are at least 13 years old (or 16 where required by local law). Do not use the Services if you are under this age threshold.
We recommend that you print a copy of these Legal Terms for your records.
VisualNote AI is a study service, available on the Website and in the App, that turns your study material into notes, sketchnote images, and other study aids using artificial intelligence. The Services allow users to:
Generated images, along with their associated prompts, styles, timestamps, and metadata, are stored securely in our cloud storage and database. Input text, uploaded documents, and user account information are also stored in our systems using Supabase for data management. The Services use Google Gemini and OpenAI's GPT Image model to generate images through serverless endpoints. A request is drawn by OpenAI first and by Google Gemini if OpenAI cannot draw it; some requests, such as a visual built from several photos or an extra-wide or extra-tall banner, go to Google Gemini directly. Pictures for classroom lessons are drawn by OpenAI only. Which models are available on your plan, and how many visuals each allows, may change over time.
Content you submit for generation is sent to the AI provider that draws it and must comply with that provider's usage rules (Google's Generative AI Prohibited Use Policy, OpenAI's Usage Policies, and Anthropic's Usage Policy) as well as these Legal Terms. A provider may refuse a request that its safety systems flag, in which case no visual is produced. AI-generated visuals can contain errors, including misspelled or inaccurate text, so check them before relying on them.
AI transparency (EU AI Act)
The Services are an AI system, and we are its provider within the meaning of Regulation (EU) 2024/1689 (the EU AI Act). The visuals, audio episodes, drafted notes, tests, flashcards, mind maps and chat replies they produce are generated by AI models supplied by Anthropic (Claude), OpenAI, and Google (Gemini). The voices in an audio episode are synthetic: they are not recordings of real people.
We mark generated content as AI-generated in a machine-readable form. Images carry the IPTC digital source type "trainedAlgorithmicMedia" in their XMP metadata, or keep the C2PA Content Credentials their model provider attached; audio files carry the same value in their ID3 tag; PDFs we export carry it in their document metadata. The product also labels visuals as AI-generated where you open them, and visuals exported on the free plan carry a visible watermark. Metadata can be removed by screenshots, editing tools and some platforms on upload, so it is not a guarantee that a copy will stay marked. Do not remove or alter these marks when you share an output.
If you publish an output, you are responsible for any disclosure the law requires of you as its deployer, including under Article 50(4) of the EU AI Act, which asks for AI-generated or manipulated image, audio or video content that resembles real people, places or events, and for AI-generated text published to inform the public on matters of public interest, to be disclosed as such.
Accuracy
AI output can be wrong, incomplete, or out of date, and it can misread handwriting, audio, or web pages. Check important information against your course materials or another reliable source before you rely on it. The Services are a study aid. They do not replace your teachers, and they are not professional, medical, legal, or financial advice. Quizzes and flashcards are for self-study only; they are not an assessment or a grade. When you use the chat assistant, you are talking to an AI system, not a person.
Ownership of outputs
As between you and us, and to the extent the law allows, you own the content you create with the Services. AI-generated content may not be protected by copyright in some countries, and other users may receive similar output.
Usage is limited by plan. Free tier users have limited access to features and generation capabilities. Premium subscribers unlock additional aspect ratios (portrait/landscape), premium styles, increased generation limits, and unlimited downloads of the tests they build. Your plan works on both the Website and the App. Payments on the Website are handled by Polar, our merchant of record, and payments in the App by Apple or Google (see Section 5).
We do not display advertisements on our Services. We use Supabase for data storage, user authentication, and database management. We use Polar as our merchant of record for subscriptions and credit packs bought on the Website, and for the test unlocks it sold until October 20, 2026 (older subscriptions may still be billed through Stripe). In the App, subscriptions are sold through the Apple App Store and Google Play, and we use RevenueCat to manage them. We use OpenAI and Google Gemini to generate visuals, Anthropic (Claude) for the text features, and Google Gemini for transcription, YouTube videos, and the voices of audio episodes. We use Vevee, an EU-based processor, to meter your use of paid features and enforce subscription limits, to analyze product usage, and to generate personalized in-product content (which relies on Google's Gemini API as a sub-processor). You can opt out of product analytics and AI personalization at any time from your dashboard, under "Privacy & data." See our Privacy Policy for the legal bases, retention periods, and opt-out options for this processing.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: s.castellitti.dev@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are at least 13 years old (or 16 where required by local law) and otherwise have the legal capacity to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
To access certain features of the Services, you must create an account. When creating an account, you agree to:
One account for the Website and the App
You sign in with your email address: we send you a one-time code, and you enter it to sign in. The same account works on the Website and in the App, with the same plan, the same usage limits, and the same content.
Using the App without an account
On iOS, you can start using the App as a guest, without an account. Guest use comes with a free quota tied to your device, and a guest's notes stay on that device. Once an account has been signed in on a device, the App on that device asks you to sign in to keep using it. On Android, you need an account to use the App.
Sync between the Website and the App
When you are signed in, your notes and what you create from them are stored in your account. You can find them on the Website and in the App on any device signed in to your account. If you delete a note, it is deleted everywhere: on the Website and in the App. When you sign out of the App, your account's notes are removed from that device, but they stay in your account.
You are responsible for maintaining the confidentiality of your account credentials and of the email account you sign in with. We use Supabase for user authentication and account management. You may not share your account credentials with any third party or allow any third party to access your account.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Legal Terms.
Free and Premium Tiers
We offer both free and premium subscription tiers. Free tier users have limited access to features and generation capabilities. Premium subscribers unlock additional aspect ratios (portrait/landscape), premium visual styles, increased generation limits, unlimited downloads of the tests they build, and other enhanced features. The features and limits of each plan are shown on the Website and in the App.
One Plan for the Website and the App
Your plan belongs to your account. A subscription bought in the App also unlocks your plan on the Website, and a subscription bought on the Website also unlocks it in the App, as long as you sign in with the same account.
Usage Limits and Credits
Usage is limited by your plan. Limits apply per billing period (on the free plan, per month), and the usage you have left is shown on the Website and in the App. Credits you buy are used only after your plan's quota for the current period has run out. Credits are lost when you delete your account.
Purchases in the App (Apple App Store and Google Play)
In the App, subscriptions are sold and billed by Apple through the App Store, or by Google through Google Play. We use RevenueCat to manage them. Apple or Google handles billing, renewal, cancellation, and refunds under its own terms. Your subscription renews automatically at the end of each period until you cancel it. To cancel or manage it, use the subscription settings of your device (your Apple account or your Google Play account). Cancellation takes effect at the end of the current paid period. We cannot cancel a store subscription for you, and we do not provide pro-rated or other refunds ourselves; any refund request goes to Apple or Google, which decides under its terms.
A store subscription belongs to the Apple or Google account that bought it. You can restore it in the App onto the VisualNote AI account signed in on that device. When you restore it, the usage already spent in the current billing period carries over: restoring does not reset your quota.
Purchases on the Website: Who Sells and Bills Your Purchase
On the Website, subscriptions and credit packs are sold through Polar Software, Inc. (Polar), which acts as our merchant of record, as were the test unlocks sold until October 20, 2026. When you buy, Polar is the seller of the transaction: it processes your payment through its payment partner Stripe, charges and remits any applicable sales tax or VAT, and sends your receipt. Your purchase is therefore also subject to the Polar Checkout Buyer Terms, while your right to use the Services remains governed by these Legal Terms. Subscriptions started before we moved to Polar may continue to be billed by Stripe, Inc. until they end; the rules in this section apply to them in the same way.
Website Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to recurring charges until you cancel through your account settings or the billing portal of the provider that bills you (Polar, or Stripe for older subscriptions). Billing cycles follow the plan you subscribed to (new subscriptions are billed monthly). You will be charged at the beginning of each billing cycle.
Website Cancellation and Refunds
You may cancel a Website subscription at any time through your account settings or by contacting us. Cancellations take effect at the end of the current paid billing period. We do not provide pro-rated or other refunds for canceled subscriptions. This does not limit any refund you are entitled to under applicable law or that Polar grants under the Polar Checkout Buyer Terms. Once you cancel, you will continue to have access to premium features until the end of your current billing period, after which your account will revert to free tier access.
Credit Packs (one-time purchases)
We may offer one-time credit packs (for example the Intro Pack) that add a fixed number of generation credits to your account and unlock watermark-free exports. Credits are delivered to your account immediately after payment and do not expire, but they are lost if you delete your account. Credit pack purchases are final and non-refundable, except where applicable law or the Polar Checkout Buyer Terms require a refund. By completing a credit pack purchase you expressly request immediate delivery of this digital content and acknowledge that, once delivery has begun, you lose any statutory right of withdrawal or cancellation to the extent permitted by applicable law. If a credit pack payment is refunded, reversed, or charged back, the associated credits are revoked and watermark-free export is disabled.
Tests and Test Downloads
Building, editing, and previewing a test is free. On the free plan, you can download one test: the first test in your account (the oldest one, until you download one). Your free test can be downloaded as a PDF or a Word file, as the student copy, the answer key, or both, including every later download of the same test after you edit it, for as long as it exists in your account. Once you have downloaded it, it stays your free test: deleting it does not make another test free. Downloading any other test requires an active premium subscription, and premium subscribers can download all the tests they build while their subscription is active.
Test Unlocks Bought Before October 20, 2026
Until October 20, 2026, we sold a one-time test unlock that let you download a single test you had built. We no longer sell test unlocks. An unlock you bought stays valid for the test it was bought for, as the student copy, the answer key, or both, including every later download of the same test after you edit it, for as long as that test exists in your account, and it stays valid if you subscribe and your subscription later ends. An unlock applies only to the test it was bought for: it is not transferable to another test, it adds no generation credits, and it does not raise any limit on your account. Test unlock purchases are final and non-refundable, except where applicable law or the Polar Checkout Buyer Terms require a refund. If a test unlock payment is refunded, reversed, or charged back, the unlock is revoked and that test can no longer be downloaded unless your plan allows it. Deleting a test removes its unlock with it, and we do not refund or transfer an unlock for a test you have deleted.
Lessons on the Board
Teachers can turn a note into a lesson to show on a classroom board, edit its slides themselves or with our AI assistant, add pictures, and share the lesson with their pupils through a link. On the free plan, the number of new lessons you can create each month is limited; opening a lesson you already made does not count. Premium subscribers can create more lessons, up to a daily limit. The limits that apply to your account are shown on the Website. A pupil who saves a shared lesson gets a read-only copy in their own account. You are responsible for what you put in a lesson you share, and for sharing it only with people you are allowed to share it with.
To cancel a Website subscription, you can:
Fee Changes
We may change subscription fees at any time. We will communicate price changes in accordance with applicable law. Price changes will apply to subsequent billing cycles. If you do not agree to a price change, you may cancel your subscription before the change takes effect. For subscriptions bought in the App, price changes are also handled under the terms of Apple or Google.
When you use our Services, we store the following data:
We use Supabase for data storage, user authentication, and database management. We use Polar as our merchant of record for subscriptions and credit packs bought on the Website, and for the test unlocks it sold until October 20, 2026 (older subscriptions may still be billed through Stripe), and RevenueCat to manage subscriptions bought in the App through Apple and Google. We use OpenAI and Google Gemini to generate visuals, Anthropic (Claude) for the text features, and Google Gemini for transcription, YouTube videos, and the voices of audio episodes; see our Privacy Policy for what each provider receives. We use Vevee (an EU-based processor) for usage metering, product analytics, and AI-assisted personalization. You can opt out of product analytics and AI personalization from your dashboard, under "Privacy & data." All data is stored securely and in accordance with our Privacy Policy.
We do not display advertisements on our Services. We do not sell your personal data to third parties, and we do not share your onboarding answers, feedback, or product usage data with third parties for their own purposes.
For more information about how we collect, use, and protect your data, please review our Privacy Policy.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor") to access the Services. These Legal Terms are between you and us only, not with the App Distributor, and we, not the App Distributor, are solely responsible for the App and its content.
Purchases made in the App are also subject to the terms of the App Distributor (see Section 5).
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You have the right to request the deletion of your account and all associated data at any time. Your account is the same on the Website and in the App, so deleting it in one place deletes it everywhere. To request account and data deletion:
Account and data deletion requests will be processed within 7-14 business days of receiving your request. Upon processing your request, we will:
Please note that some data may be retained for a limited period as required by law or for legitimate business purposes (such as fraud prevention or legal compliance). Once your data is deleted, it cannot be recovered. We recommend downloading any content you wish to keep before submitting a deletion request.
If you delete your account in the App or from your dashboard while you have an active Website subscription, we cancel that subscription with Polar or Stripe as part of the deletion, so you will not be charged again. The cancellation takes effect immediately: premium access ends at once, the unused part of the current billing period is not refunded (except where applicable law requires otherwise), and any unused pack credits are lost. Tests you unlocked are deleted with the rest of your content, and an unlock is not refunded or transferred afterwards. If you ask us to delete your account by email instead, we cancel the subscription when we process your request.
Deleting your account does not cancel a subscription bought in the App through the Apple App Store or Google Play. That subscription belongs to your Apple or Google account, and you must cancel it yourself in your device's subscription settings, or it will keep renewing. Refunds for store subscriptions are handled by Apple or Google under their terms.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms are governed by and interpreted following the laws of Italy, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Salvatore Castellitti and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Italy, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Italy, or in the EU country in which you reside.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Campobasso, Italy. The language of the proceedings shall be Italian. Applicable rules of substantive law shall be the law of Italy.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $2.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Generated images, along with their associated prompts, styles, timestamps, and metadata, are stored securely in our cloud storage and database. Input text, uploaded documents, user account information, subscription data, feedback, and the onboarding preferences you choose to share (persona, primary goal, input habits, volume intent, attribution, and any optional pain point) are also stored in our systems using Supabase for data management, with billing handled by Polar (or Stripe for older subscriptions) for Website purchases, and by Apple or Google, through RevenueCat, for App purchases. Onboarding preferences are used to personalize your experience and for our own internal analysis, and are not shared with third parties.
When you are signed in, your notes and outputs are stored in your account and synced between the Website and the App. If you use the App as a guest, your notes are stored only on your device, and you are responsible for that local data: if you delete the App or lose the device, those notes may be lost.
You are responsible for ensuring that any content you submit, upload, or generate complies with these Legal Terms and applicable laws. We are not responsible for the content of your generated images or uploaded documents.
We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that you use the Services at your own risk and that we shall have no liability to you for any loss or corruption of any data, and you waive any right of action against us arising from any such loss or corruption of such data, except as required by applicable law.
We do not display advertisements on our Services. We do not sell your personal data to third parties.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Product Feedback and Service Communications
By creating an account and using our Services, you agree that we may contact you at the email address associated with your account to ask questions about your experience with our product, gather feedback, conduct satisfaction surveys, or inform you about product improvements and new features. These communications are considered service-related messages and are not spam or unsolicited commercial email. They are sent for the sole purpose of improving our Services and understanding how users experience our product.
You may opt out of receiving such product feedback emails at any time by contacting us at s.castellitti.dev@gmail.com with the subject line "Unsubscribe" or by using the unsubscribe link included in any such email. Opting out of product feedback emails will not affect your receipt of transactional or account-related communications that are necessary for the operation of your account (such as billing confirmations or security notices).
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
We may give free credits to users who post a public video about the Services and submit it to us ("Creator Rewards"). To take part you must be at least 14 years old (or older where these Legal Terms or local law require it). The video must show our website with the address visualnoteai.space, and the post must include a clear advertising disclosure in its caption, such as #ad or the local equivalent (for example #publi or #publicité). We review every submission by hand and may refuse or revoke a reward, for example when a post is not public, lacks the disclosure, or is deleted. If we decline a video, you may fix the post and send the same video again from your Creators page.
Credits are given in exchange for the content you create and publish, and are paid only in credits for the Services. Credits have no cash value, cannot be transferred or exchanged, and expire 60 days after they are granted. Each video can be submitted once: it earns one base reward however many places it is posted, and may earn further credits when it reaches the view thresholds shown on the Creator Rewards page, which we check by hand. You can submit a limited number of new videos each calendar month, as shown on that page. Rewards depend on the post meeting these rules, never on the opinion it expresses. We do not reward reviews on app stores or review sites. We may change or end Creator Rewards at any time; credits already granted stay valid until they expire.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Salvatore Castellitti
Via Sannio 1
Petrella Tifernina, Molise 86024
Italy
VAT number (partita IVA): 01945740700
Phone: 3922242404
Email: s.castellitti.dev@gmail.com