NOTICE Terms and Conditions
These Terms and Conditions ("Terms") constitute a legal agreement between you and WAYMARK CREATIVE SOLUTIONS an Oregon [corporation/LLC/other entity] ("NOTICE," "we," "us," or "our") concerning your access to and use of the NOTICE application, website, subscriptions, content, and related services (collectively, the "Service").
Please read these Terms carefully.
By creating an account, accessing the Service, purchasing a subscription, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be legally capable of entering into a binding agreement to use the Service.
NOTICE is intended for users age 13 and older unless NOTICE expressly provides otherwise and satisfies any additional legal requirements applicable to younger users.
If you are using NOTICE on behalf of another person or organization, you represent that you have authority to accept these Terms on their behalf.
2. The NOTICE Service
NOTICE is an organizational and planning tool intended to help users understand responsibilities, identify hidden steps, reduce decision fatigue, and build workable structures over time.
NOTICE may organize responsibilities around:
- time anchors;
- recurring patterns;
- context;
- dependencies;
- reminders;
- user preferences;
- friction points; and
- information about what did or did not work previously.
NOTICE may generate suggestions, recommendations, reminders, summaries, classifications, or other outputs.
These outputs are provided as organizational assistance and may be incomplete, inaccurate, unsuitable, or based on incomplete information.
You remain responsible for deciding whether and how to act on any suggestion.
3. Not Professional Advice
NOTICE is not a substitute for:
- medical care;
- mental-health care;
- emergency services;
- legal advice;
- financial advice;
- tax advice;
- professional caregiving;
- employment advice; or
- other professional services.
NOTICE does not diagnose, treat, prevent, or cure any disease or medical condition.
If you believe you are experiencing an emergency or an immediate risk of harm, contact appropriate emergency or crisis services rather than relying on NOTICE.
4. Accounts
Some features may require an account.
You agree to:
- provide accurate information;
- maintain current account information;
- keep your credentials secure;
- not share your account except where expressly permitted;
- promptly notify us of unauthorized account activity.
You are responsible for activity occurring through your account except to the extent caused by our failure to use reasonable security measures.
5. Subscriptions and Payments
Certain NOTICE features may require payment.
If you purchase a subscription:
- the applicable price will be presented before purchase;
- billing frequency will be disclosed before purchase;
- applicable taxes may be added;
- subscriptions may automatically renew if disclosed at purchase;
- cancellation procedures will be provided before or during purchase.
Cancellation generally prevents future renewal but does not automatically entitle you to a refund for a partially used billing period unless required by law or expressly stated at purchase.
Any refund policy applicable to a particular purchase will be disclosed at the time of purchase or in the applicable offer.
6. Free Trials and Promotional Offers
NOTICE may offer free trials, discounts, promotional periods, or other offers.
Additional terms may apply.
Unless otherwise disclosed, a trial or promotional period may automatically convert to a paid subscription if you do not cancel before the end of the applicable period.
We will disclose material subscription terms before charging you where required by law.
7. Electronic Communications
By using NOTICE, you consent to receive electronic communications concerning:
- your account;
- transactions;
- security;
- service changes;
- customer support;
- legal notices.
Marketing communications will be subject to applicable law and available opt-out mechanisms.
Electronic records and signatures may be used where permitted by law.
8. User Content
You retain ownership of content you submit to NOTICE, subject to the rights necessary for us to operate the Service.
You grant NOTICE a limited, non-exclusive, worldwide license to host, store, reproduce, process, transmit, display, and otherwise use your content solely as reasonably necessary to provide, maintain, secure, improve, and support the Service and as otherwise permitted by our Privacy Policy or applicable law.
You represent that you have the rights necessary to provide the content to NOTICE.
9. Product Improvement
We may analyze Service usage and appropriately aggregated or deidentified information to understand product performance, improve features, identify friction, develop new functionality, maintain security, and conduct research.
We will handle personal information in accordance with our Privacy Policy and applicable law.
10. Intellectual Property
The Service, including its software, design, interface, branding, trademarks, text, graphics, functionality, and original content, is owned by or licensed to NOTICE and is protected by applicable intellectual-property laws.
Except as expressly permitted by these Terms, you may not:
- copy;
- modify;
- distribute;
- sell;
- lease;
- sublicense;
- reverse engineer;
- reproduce;
- publicly perform;
- publicly display; or
- create derivative works from
the Service or its proprietary components.
11. Acceptable Use
You may not use the Service to:
- violate any law or regulation;
- infringe another person's rights;
- impersonate another person;
- gain unauthorized access to accounts or systems;
- interfere with the operation or security of the Service;
- introduce malicious code;
- scrape or systematically extract Service data except as expressly permitted;
- use the Service to develop a competing product using proprietary NOTICE materials;
- harass, threaten, exploit, or harm another person;
- upload unlawful or malicious material;
- attempt to circumvent usage limits or security controls.
Additional acceptable-use requirements are contained in the NOTICE Terms of Use.
12. Third-Party Services
NOTICE may integrate with third-party services.
Your use of those services may be governed by separate terms and privacy policies.
NOTICE is not responsible for third-party services that NOTICE does not control.
13. Service Availability
We will make reasonable efforts to maintain the Service but do not guarantee that it will:
- always be available;
- operate without interruption;
- be error-free;
- be completely secure; or
- remain unchanged.
We may modify, suspend, or discontinue portions of the Service.
Where legally required, we will provide notice of material changes.
14. Termination
You may stop using NOTICE at any time.
We may suspend or terminate an account when reasonably necessary to:
- prevent fraud or abuse;
- protect the security of the Service;
- address violations of these Terms;
- comply with law;
- protect users or third parties; or
- discontinue the Service.
Where appropriate and legally permitted, we will provide notice and an opportunity to address the issue before termination.
15. Effect of Termination
After termination, your right to access the Service ends.
We may retain information as described in our Privacy Policy and as required or permitted by law.
Certain provisions of these Terms will survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, dispute resolution, and other provisions that by their nature should survive.
16. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis.
NOTICE disclaims warranties to the extent legally permitted, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms excludes or limits a warranty or consumer protection right that cannot lawfully be excluded or limited.
17. Limitation of Liability
To the fullest extent permitted by applicable law, NOTICE and its officers, directors, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the Service.
To the fullest extent permitted by law, NOTICE's aggregate liability for claims arising from the Service will not exceed the greater of:
- the amount you paid NOTICE for the Service during the twelve months preceding the event giving rise to the claim; or
- $100.
These limitations do not apply to liability that cannot legally be limited or excluded.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless NOTICE and its officers, directors, employees, contractors, and agents from claims, losses, liabilities, damages, costs, and expenses arising from:
- your unlawful use of the Service;
- your violation of these Terms;
- your violation of another person's rights; or
- content you submit that gives rise to a claim.
This provision does not require indemnification for NOTICE's own unlawful conduct or liability that cannot legally be shifted to you.
19. Governing Law
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles, except to the extent federal law or mandatory consumer-protection law requires otherwise.
Nothing in these Terms is intended to deprive a consumer of rights or remedies that cannot lawfully be waived.
20. Disputes
Before filing a formal legal action, the parties agree to attempt in good faith to resolve the dispute by contacting the other party.
NOTICE may be contacted at: info@studiowaymark.com
This informal resolution requirement does not prevent either party from seeking emergency injunctive relief or exercising rights that cannot lawfully be restricted.
Nothing in this section waives rights that applicable law prohibits a consumer from waiving.
21. Changes to These Terms
We may update these Terms periodically.
If changes are material, we will provide reasonable notice as required by applicable law.
Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.
22. Severability
If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will remain in effect.
23. Entire Agreement
These Terms, together with the Privacy Policy, Terms of Use, Cookies Policy, and any additional terms expressly incorporated into the Service, constitute the agreement between you and NOTICE concerning the Service.
If there is a conflict between documents, the provision that more specifically addresses the subject matter will control unless expressly stated otherwise.
24. Contact
WAYMARK CREATIVE SOLUTIONS
Email: info@studiowaymark.com
Website: https://studiowaymark.com/#contact