NotesAO Terms of Service

Effective date: 10 March 2025 — supersedes all prior online terms.

1. Definitions

• “NotesAO,” “we,” “us,” or “our” means Free for Life Group PC d/b/a NotesAO.
• “Service” means the NotesAO web application, related mobile components, APIs, and documentation.
• “Clinic” means the legal entity that executed an Order Form or EUA with NotesAO.
• “User” means an individual Clinic employee or contractor to whom NotesAO has issued login credentials.
• “Content” means all data, text, files, or other information submitted to the Service.
• “Order Form” means the written or electronic ordering document specifying subscription tier, seat count, term, and pricing.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and the Privacy Policy. If you are entering into this agreement on behalf of a Clinic, you represent that you have authority to bind that Clinic.

3. License Grant & Restrictions

NotesAO grants the Clinic a limited, non-exclusive, non-transferable right for Users to access and use the Service during the subscription term. Except as expressly permitted, you shall not:

• copy, modify, or create derivative works of the Service;
• reverse-engineer, decompile, or attempt to discover source code;
• use the Service for unauthorized or unlawful purposes;
• permit third parties to use your credentials or access the Service; or
• remove proprietary notices or branding.

4. User Responsibilities

• Maintain the confidentiality of usernames and passwords.
• Ensure Content is accurate, lawful, and does not infringe third-party rights.
• Promptly update account information if personnel or email addresses change.
• Comply with all applicable laws (e.g., HIPAA, 42 CFR Part 2, GDPR if applicable).

5. Fees & Payment

5.1 Subscription fees

Fees are stated on the applicable Order Form and billed in advance. Unless otherwise specified, invoices are due 30 days from invoice date. All fees are exclusive of taxes.

5.2 Late payments

Overdue amounts accrue interest at 1.5 % per month (or the highest rate allowed by law, if lower) from the due date until paid.

5.3 Fee increases

NotesAO may increase subscription fees upon renewal with at least 45 days’ written notice.

6. Trials, Refunds & Cancellation

Free trials end automatically on the date indicated in the trial confirmation email. Onboarding fees are non-refundable. Pre-paid subscription fees are non-refundable except if NotesAO terminates the Service without cause, in which case we will refund the unused portion on a prorated basis.

To cancel, email support@notesao.com at least 15 days before the next billing date. You remain responsible for fees through the end of the current subscription term.

7. Support & Service Levels

• Support hours. 9 a.m.–5 p.m. Central Time, Monday–Friday, excluding US holidays.
• Target response time. 1 business day for non-critical issues; 4 hours for service-down incidents.
• Maintenance. Scheduled outages occur outside 10 p.m.–6 a.m. Central Time when possible; advance email notice is provided.

8. Data Security & HIPAA

NotesAO employs TLS 1.2+ encryption in transit, AES-256 at rest, role-based access controls, and nightly off-site backups retained for 35 days. For Clinics subject to HIPAA, NotesAO will sign a Business Associate Agreement (“BAA”) upon request. You are responsible for configuring user permissions to protect PHI and complying with “minimum necessary” disclosure requirements.

9. Intellectual Property

NotesAO retains all right, title, and interest in the Service, software, and trademarks. Clinic retains ownership of Content. By uploading Content, Clinic grants NotesAO a worldwide, limited license to host, process, and display that Content solely to provide the Service.

10. Feedback

You may submit comments, ideas, or suggestions (“Feedback”). NotesAO may use Feedback without restriction or obligation, and you assign all intellectual-property rights in Feedback to NotesAO.

11. Third-Party Services

The Service may integrate with third-party products (e.g., email gateways, reporting APIs). NotesAO is not responsible for third-party services and disclaims all liability arising from their use.

12. Modifications to Service

We may add, change, or remove features at any time. If a modification materially reduces core functionality, Clinic may terminate within 30 days of notice and receive a prorated refund of prepaid fees for the remaining term.

13. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” NOTESAO MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

14. Limitation of Liability

IN NO EVENT WILL NOTESAO’S TOTAL LIABILITY EXCEED THE FEES PAID BY CLINIC DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS (US $100) IF NO FEES WERE PAID. NOTESAO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

15. Indemnification

Clinic agrees to defend, indemnify, and hold harmless NotesAO from any third-party claim arising out of Clinic’s or Users’ (a) breach of these Terms, (b) violation of law, or (c) Content. NotesAO will provide prompt written notice and reasonable cooperation.

16. DMCA Policy

If you believe Content hosted by NotesAO infringes your copyright, please send a takedown notice to our Designated Agent:
DMCA Agent, NotesAO, 1100 E Lancaster Ave, Fort Worth TX 76102, dmca@notesao.com. Include the information required by 17 U.S.C. §512(c)(3). We will expeditiously remove or disable access to the allegedly infringing material and follow the statutory counter-notification process.

17. Governing Law; Venue

These Terms are governed by the laws of the State of Texas, excluding its conflict-of-law principles. The courts in Tarrant County, Texas have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Dispute Resolution & Arbitration

Any dispute not resolved informally within 30 days shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in Fort Worth, Texas, in English. Either party may seek injunctive relief in court to protect intellectual property or confidential information. Class-action waivers apply; disputes must be brought on an individual basis.

19. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control, including but not limited to natural disasters, power failures, labor disputes, or government actions.

20. Assignment

Clinic may not assign these Terms without NotesAO’s prior written consent, except to a successor in merger or acquisition of substantially all assets. NotesAO may assign freely.

21. Notices

Legal notices must be sent by certified mail (return receipt) or courier to: Free for Life Group PC d/b/a NotesAO, 1100 E Lancaster Ave, Fort Worth TX 76102, USA, Attn: Legal. Email copies may be sent to privacy@notesao.com.

22. Survival

Sections on Fees, Refunds, Security, Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution survive termination.

23. Entire Agreement

These Terms, together with the EUA, Order Form(s), Privacy Policy, and any BAA, constitute the entire agreement between the parties and supersede all prior agreements and representations.

By accessing or using the NotesAO platform you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.