License Agreement and Beta Terms

This document covers two related things:

  1. The End-User License Agreement (EULA) for Petite Notes when you distribute it through the Apple App Store. You can host this page on your own site (e.g. https://petitenotes.xyz/terms.html) and point App Store Connect at it under App Information → License Agreement → Custom EULA URL.
  2. The TestFlight beta terms that testers accept when they install a pre-release build of Petite Notes. These apply in addition to Apple's standard TestFlight terms.

If anything here conflicts with Apple's standard EULA or TestFlight terms, Apple's terms win. This document does not grant any right that Apple's terms do not already grant, and does not limit any right you cannot lawfully limit.


1. Acceptance

By installing, copying, or otherwise using Petite Notes (the "App"), you agree to this Agreement. If you do not agree, do not install or use the App.

The App is licensed, not sold. This Agreement is between you and the operator of Petite Notes (the "Developer", currently the individual publishing under the App Store developer account tied to this app). Apple Inc. is not a party to this Agreement and has no responsibility for the App or its content.

2. License grant

Subject to your compliance with this Agreement and Apple's Licensed Application End User License Agreement (the "Apple EULA"), the Developer grants you a personal, non-exclusive, non-transferable, revocable license to:

You may not:

3. TestFlight beta builds

If you received the App through Apple's TestFlight service ("Beta Builds"), the following additional terms apply for as long as you have a Beta Build installed:

Beta Builds may also be subject to a separate Non-Disclosure Agreement if you have been invited to a closed beta. If a separate NDA exists, its confidentiality terms control over anything in this document to the contrary.

4. The Service (notes, photos, audio, location, inbox delivery)

The App's headline feature is that notes you create in the App are delivered to an email inbox you provide. To provide this, the App processes:

The Developer commits to:

The Developer does not guarantee that delivery will succeed. Email delivery depends on third parties (your mail provider, Apple's push infrastructure, the recipient's spam filter). The Developer is not liable for notes that fail to arrive or arrive late. Keep a copy of anything you cannot afford to lose.

5. Account, email, and abuse

To use the Service you must provide a valid email address that you control. You are responsible for activity that occurs under your account and for the email address you choose as the destination.

The Developer may suspend or terminate the Service for any account that, in the Developer's reasonable judgement, is being used to abuse the Service, send spam, harass recipients, or violate this Agreement or applicable law.

6. Your content

You retain all rights to the text, photos, audio, and other content you create or upload through the App ("Your Content"). You grant the Developer a limited, worldwide, non-exclusive licence to host, transmit, and process Your Content solely to operate the Service for you. This licence ends when Your Content is deleted from the Service's active systems, except where retention is required by law or by the operation of email delivery (a copy of the delivered note necessarily lives in the recipient's mailbox).

You confirm that you have the right to share any content you send through the App, including the right to attach any photo, record any audio, or pin any location. You must not send content that is unlawful, infringing, harassing, or that you do not have the right to distribute.

To request deletion of data you have submitted, email the address listed in Section 13. The Developer will respond within the time required by applicable law (typically 30 days; sooner where required).

7. Privacy

The App's privacy practices are described in the in-app privacy notice and the Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy is available at petitenotes.xyz/privacy.html and on the App's product page on the App Store.

In short:

If this is not true for the build you are testing, please report it through the in-app feedback channel — that's a bug, not a feature.

8. Age

You must be at least 13 years old (or the minimum age of digital consent in your country, whichever is higher) to use the App. The App is not directed at children under 13. The Developer does not knowingly collect personal data from children under 13. If you believe a child under 13 has provided personal data through the App, contact the address in Section 13 and the Developer will delete it.

9. Intellectual property

The App, including its source code, design, illustrations, copy, and trademarks, is owned by the Developer and is protected by copyright and other intellectual-property laws. This Agreement does not transfer any ownership in the App to you.

"Petite Notes", the paper-plane logo, and the wordmark are trademarks of the Developer. You may not use them without written permission, except as required to identify the App in your own storefront reviews or social-media posts.

10. Third-party services

The App relies on third-party services to function, including (at the time of writing):

The Developer's commitments in this Agreement apply to the App's behaviour. The Developer is not responsible for the behaviour, availability, or policies of these third parties.

11. Disclaimer of warranties

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

WITHOUT LIMITING THE FOREGOING, THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICE WILL DELIVER ANY PARTICULAR NOTE WITHIN ANY PARTICULAR TIME.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE APP OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE DEVELOPER'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE DEVELOPER FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING DEATH, PERSONAL INJURY, FRAUD, AND CERTAIN STATUTORY RIGHTS).

Some jurisdictions do not allow the limitation of certain damages; in those places the limitations above apply to the maximum extent permitted.

13. Termination

This Agreement is effective until terminated. It terminates automatically if you uninstall the App and delete all your data. The Developer may terminate or suspend the Service at any time on reasonable notice (where practical), in which case the licence in Section 2 ends.

Sections 4, 6, 9, 11, 12, and 14 survive termination.

14. Governing law and disputes

This Agreement is governed by the laws of the Republic of South Africa, without regard to its conflict-of-laws rules. You and the Developer consent to the exclusive jurisdiction of the courts of the Republic of South Africa for any dispute arising out of or relating to this Agreement, except that the Developer may seek injunctive relief in any competent court to protect its intellectual property.

Nothing in this section limits your right to bring a claim in your country of residence under mandatory local consumer protection law.

If you have a dispute, contact the Developer first at the address below and we will try to resolve it within 30 days before any formal proceedings.

15. Changes to this Agreement

The Developer may update this Agreement from time to time. The "Last updated" date at the top will change. For material changes the Developer will make a reasonable effort to notify active users (e.g. via the App or via email to the address on file). Continued use of the App after a material change indicates acceptance of the updated Agreement.

16. Contact

Operator / Developer: Marcel Schmidt
Email: hello@petitenotes.xyz
Web: https://petitenotes.xyz
Mailing address: (add your residential or registered address here before publishing — App Store Connect requires a physical address; do not leave this blank)

17. Acknowledgement

You acknowledge that:

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