Terms of Use
These terms are the agreement between you and SOFTUPPER LLC for the Kinotes app and website. By using the app you accept them. If you do not accept them, do not use the app.
The short version
- Your notes are yours. We claim no ownership of what you record or write.
- AI output can be wrong. Check anything that matters before acting on it.
- Recording other people is your responsibility. The law on consent varies and it is on you to comply with it.
- Subscriptions renew automatically until you cancel them in the App Store or Google Play.
This summary is for orientation only — the sections below are the actual terms.
1Who may use the app
You must be at least 16 years old to use Kinotes. If you are under the age of majority where you live, you may only use it with the involvement of a parent or guardian who accepts these terms. By using the app you confirm you meet these requirements and that you are not barred from doing so under any applicable law.
2Your account
You can use the app as a guest without registering. Guest data is tied to that installation — if you delete the app or lose the device without linking an account first, that data cannot be recovered. Linking an account with Apple, Google or your email address lets your notes sync and survive a lost device.
You are responsible for the security of the sign-in method you use and for activity under your account. Tell us promptly if you believe it has been compromised.
3Subscriptions and billing
The app is free to use within the limits described in it. Kinotes Pro is a paid subscription that raises those limits and unlocks additional features. Current prices and limits are shown in the app before you buy.
- Subscriptions are sold and processed by the Apple App Store or Google Play, not by us. Payment is charged to your store account on confirmation of purchase.
- Subscriptions renew automatically at the end of each period unless you turn off auto-renewal at least 24 hours before it ends. Your account is charged for renewal within 24 hours of the end of the current period.
- Where a free trial is offered, any unused portion is forfeited if you buy a subscription during the trial.
- Manage or cancel in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
- Refunds are handled by Apple or Google under their policies. We cannot issue refunds for store purchases. Nothing here limits any non-waivable statutory refund or cancellation right you have under consumer law.
- We may change prices. A change will not affect the period you have already paid for, and we will give notice before a renewal at a new price.
4Your content
You keep all ownership of your recordings, transcripts, notes and everything else you create. We do not claim any right to it.
To run the service we need a narrow permission: you grant us a non-exclusive, worldwide, royalty-free licence to host, store, back up, transmit and process your content, and to pass it to the providers described in our Privacy Policy, solely in order to operate and support the service for you. This licence exists only for that purpose and ends when you delete the content or your account.
We do not use your content to train AI models and we do not licence it to anyone else.
You are responsible for your content and confirm you have the rights necessary for us to process it as described.
5AI output
Transcripts, summaries and action items are generated automatically and can be inaccurate, incomplete or invented. A summary may misstate what you said. An action item may be one you never agreed to. Accuracy varies with audio quality, accent, background noise and language.
Check anything that matters against the recording — every action item links back to the point in the transcript it came from. Do not rely on AI output as medical, legal, financial or professional advice, and do not use it as the sole basis for a consequential decision.
Similar output may be generated for other users from similar input; we make no claim that output is unique to you.
6Acceptable use
You agree not to:
- use the app for anything unlawful, or to record anyone unlawfully;
- upload content that infringes someone's rights, or that is unlawful, harassing or abusive;
- attempt to access another user's data, or any part of our systems you have not been granted access to;
- probe, scan, overload or interfere with the service, or circumvent its limits, rate limits or paid gates;
- reverse engineer, decompile or attempt to extract source code or model prompts, except where that restriction is unenforceable by law;
- resell, sublicense or offer the service to third parties as your own; or
- use automated means to extract data from the service at scale.
7Recording other people
You are solely responsible for complying with the recording and wiretapping laws that apply to you. Some jurisdictions require the consent of every person being recorded; others require only one party's. The rules differ by country and, in the United States, by state.
Before recording a conversation involving anyone else, get whatever consent the law requires. Do not use Kinotes to record people covertly where that is unlawful. We provide a recording tool; we do not and cannot verify that you have permission to use it in a given situation, and we accept no liability for your failure to obtain consent.
8Third-party services
The app can connect to services such as Notion, Apple Notes, Obsidian, Apple Reminders, Things and Todoist. Those services are operated by other companies under their own terms and privacy policies. We are not responsible for them, for their availability, or for what happens to your content once you send it to them. Connecting or disconnecting them is your choice, made in Settings.
9Our intellectual property
The app, its design, its name and its logo belong to us and our licensors. We grant you a personal, non-transferable, non-exclusive, revocable licence to use the app on devices you own or control, for your own purposes, in line with these terms. No other rights are granted.
If you send us feedback or suggestions, we may use them without obligation or compensation to you.
10Availability and changes
We aim to keep the service running but do not promise uninterrupted availability. Maintenance, provider outages and factors outside our control can interrupt it. We may add, change or remove features. If we make a change that materially reduces functionality you have paid for, we will give reasonable notice and, where fair, a pro-rata refund of the unused period.
11Termination
You may stop using the app at any time and delete your account from within it, which irreversibly deletes your content. We may suspend or terminate your access if you materially breach these terms, if required by law, or if continuing would create a security or legal risk — with notice where it is reasonable to give it. Sections that by their nature should survive termination will do so, including sections 4, 9, 12, 13, 14 and 16.
12Disclaimers
Except as these terms expressly state, and to the fullest extent permitted by law, the service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy of transcripts or AI-generated output.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence or for fraud. If you are a consumer, you keep all statutory rights that cannot be waived by agreement.
13Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential losses, or for lost profits, lost business, or lost or corrupted data arising from your use of the service.
Our total aggregate liability arising out of or relating to the service is limited to the amount you paid us in the twelve months before the event giving rise to the claim.
Keep your own copies of anything important. The export feature exists for exactly this reason.
14Indemnity
You agree to indemnify us against claims, damages and reasonable costs arising from your content, your use of the service in breach of these terms, or your failure to obtain a consent required to record someone. This does not apply to the extent the claim arises from our own breach or negligence.
15Apple and Google
These terms apply in addition to the store's own terms, and the following applies to the iOS app:
- These terms are between you and us only, not with Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for investigating, defending or resolving any third-party claim that the app infringes intellectual property rights.
- You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government prohibited-parties list.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
For the Android app, Google Play's terms of service govern your download and any purchase made through it.
16Governing law and disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and the state and federal courts located in Sacramento County, California have exclusive jurisdiction, except that if you are a consumer living outside the United States you may also bring proceedings in the courts of the country where you live, and you keep the protection of that country's mandatory consumer laws — nothing here removes rights you have under the consumer law of your own country.
Please contact us first — most problems are resolved faster that way than through a formal dispute. If you are a consumer outside the United States, you may also be entitled to use an out-of-court dispute resolution body in your own country.
17Changes to these terms
We may update these terms. If a change is material we will give notice in the app or by email before it takes effect. Continuing to use the app after a change takes effect means you accept the updated terms; if you do not accept them, stop using the app and, if you wish, delete your account.
18Contact
SOFTUPPER LLC, 2108 N St Ste N, Sacramento, CA 95816, United States — app-support@softupper.com.