Your thoughts are yours. Napkin does not own your data, and we will never sell it to others or use it for advertising.
These terms and conditions (‘Terms’) apply to the Napkin service (“Service”). Please read them carefully, as they contain important information about the Service, the rules for using it, and the limitation of our legal liability. You can print off these Terms or store them for future reference. If you do not agree to these Terms, you must not use the Service.
1. ABOUT US
We are Napkin GmbH, registered in Switzerland with company number CHE-207.105.606. Our registered office is Via Vitg Sura 23, 7151 Schluein, Switzerland.
2. ABOUT THE SERVICE
The Service is a note-taking [web] platform using the concept of digital notecards (“Thoughts”). These support text and links and are private by default. Users may chose to use the Service in a collaborative way and share Thoughts with other users and visitors.
You must be over 13 to use the Service. If you are over 13 but under 18, please get your parent’s or legal guardian’s consent for you to use the Service. You may only use the Service for personal, non-commercial purposes.
The Service is based in Switzerland. If you are resident outside of Switzerland, it is your responsibility to ensure that you comply with all applicable local laws when using the Service.
If we become aware that you are using the Service otherwise than as permitted by these Terms, we may terminate your use of it.
You must register to use the Service. As part of the registration process, we ask you to provide certain information about yourself that is true, accurate, and up to date. Should any of your registration information change, please inform us about the change via email@example.com.
You can also use the Service on a paid plan, this will enable you to create unlimited Thoughts and access additional functionality.
The plans are only available on a paid-for subscription basis, which can be either one-off, monthly or yearly (“Billing Cycle”). See pricing for up-to-date details of these plans.
We may from time to time may offer a free trial of the Service, but this is at our discretion. If we do so, we may at any time, and without giving notice, modify the Terms and conditions that apply to the Free Trial, or cancel it.
If you subscribe to a Napkin paid plan, you will be automatically billed for the charges in advance for each billing cycle.
If automatic billing fails to occur for any reason, we may attempt to charge your credit or debit card again. Should payment continue to fail, we may terminate your subscription.
We may increase or decrease the charges for paid plan subscriptions at any time. Any change will become effective at the end of the Billing Cycle current at the time. We will give you reasonable prior notice of any change in the Charges to give you an opportunity to cancel your subscription before the change becomes effective. If you continue to use the Service after the increased charges come into effect, you will be charged the increased amount.
6. CANCELLATION & REFUNDS
When you register for the Service, we will ask you to confirm your acceptance of these Terms and to pay any charges that apply. However, no contract exists between you and us for the supply of the Service until we have received the charges that apply.
You may cancel your subscription to the paid plan at any time either through your online account management page or by contacting us at firstname.lastname@example.org. Certain refund requests for subscriptions may be considered by Napkin on a case-by-case basis and granted in sole discretion of Napkin.
7. PASSWORD SECURITY
If you chose to generate a password for your account, you must keep your password secure and must not disclose it to or share it with anyone. You will be responsible for all activities and orders under your password. If you know or suspect that someone else has your password, you should reset your password on the login page or in the account settings.
We reserve the right to change your password if we believe that it is no longer secure.
If you forget your password, please click the "Forgot Password?" link where you will be able to reset your password if you satisfy our security check.
If you upload any content to the Service, you must ensure that it does not infringe the IPRs or other rights or any other person or violate any applicable laws. If they do, you will be responsible for any losses which we may incur as a result.
The Service allows you to create thoughts on which you can store text and link other digital media. These thoughts are private to you by default. You may choose to post and share these thoughts with other Napkin users ("posting"). For further details about how thoughts work, and the settings you can make to give other users different levels of consent to access the content, see the support section.
By posting content through the use of the Service, you confirm that: (a) you are the author of the content (“Author”) and it is your original work, or you have the right to use it and make it freely available; (b) you have the right to grant us and other users of the Service the rights provided in these Terms; (c) posting your Content and making it available through the Service does not violate the rights of anyone else (including copyright or privacy rights); and (d) the Content is not in breach of our rules on Unacceptable Content (for which see section 9 below). We reserve the right to terminate the account of any user who we find posting Content in breach of this rule and to take other legal steps at our discretion.
You retain all your rights (including copyright) in any Content you submit, post or display using the Service, and are solely responsible for protecting those rights, but this is subject to the rights that you grant us and other users of the Service. By posting your Content, you (a) grant us the right to display that Content and make it available for use through the Service, subject to the different levels of consent you give other users to use your Content; (b) waive your so-called “moral right” to be named as the author of any Content, and where you permit other users to edit the Content in any way, your “moral right” to object to treatment of your Content by others. For further details about “moral rights” see ssa.ch.
You must not distribute, modify, transmit, reuse, download, repost, resell, copy, use or make available to others any Content which is not your own, either in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Any Content you posted through the use of the Service will be stored indefinitely, unless it is explicitly deleted. This process is described under "Termination".
You can export your Thoughts at any time using our export function, which is available in our online account management page. Thoughts can be exported as CSV and JSON files.
We take no responsibility and assume no liability for Content you or any other person posts on or through the Service. However, we have the right (but not an obligation) to monitor all Content provided by users, and if we are satisfied that any Content posted through the use of the Service violates the rights of anyone else (including copyright or privacy rights), or our rules on unacceptable Content (for which see the following paragraph), we reserve the right to remove that Content from the Service.
If you are the owner of copyright in any work or are authorized on behalf of the owner, and you believe that the work has been copied or otherwise used in a way that constitutes copyright infringement, please notify us by email to email@example.com, with the subject line: "Copyright Infringement" and include in your email a detailed description of the alleged infringement. You may be held responsible in law for damages (including costs and legal fees) for misrepresentation or bad-faith claims relating to the alleged infringement of any Content found on or through the Service.
9. UNACCEPTABLE CONTENT
You must not post any Content through the Service which may reasonably be regarded as offensive, unlawful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable (please note that using a misspelling or alternative spelling of a word will not circumvent this requirement), or add links to other websites which may contain any such material. This rule also applies to user names. You must not post any Content or other material through the Service that contains a virus or other malicious code.
10. INTELLECTUAL PROPERTY RIGHTS
The Service and the content of the Napkin website are protected by intellectual property rights including copyright and trademarks. We reserve all our rights in such intellectual property.
Except as expressly permitted by these Terms, you may not copy, disseminate, download, or make available to others any content available through the use of the Service or on the Napkin website.
You must not adapt, modify, merge, translate, reverse engineer, decompile or disassemble any part of the Napkin website, except to the extent permitted by applicable law.
11. AVAILABILITY OF THE SERVICE
While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period by reason of circumstances beyond our reasonable control.
We reserve the right to suspend access to the Service at any time for operational, regulatory, legal or other reasons.
We may temporarily suspend access to the Service without our giving notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
Although we make all reasonable efforts to ensure that the servers that makes the Service available are bug and virus free, we cannot provide any guarantee in this respect.
You are responsible for obtaining Internet access to the Service from where you are in order to use the Service. We cannot be held responsible for your failure to access the Service from any location or browser. Any access fees incurred in reaching the Service (e.g. mobile access or roaming charges) are your responsibility.
Owing to the nature of the Internet and the fact that your access to the Service involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service, including corruption or loss of data held on your computer or another device, or any damage caused to your computer or other device resulting from your use of the Service.
12. LINKS TO THIRD PARTIES’ WEBSITES
The Service (and any Content you access using the Service) may provide links to other websites. Selecting any of these links will direct you to a website that is not related in any way to us. We take no responsibility for the content contained on any such website, and the link to these other websites does not imply an endorsement or recommendation of the website, its products, or services.
13. OUR LIABILITY
We will provide the Services using reasonable care and skill. This does not affect your legal rights as a consumer if we fail to do so. We will not be liable to you for any delay in providing the Service, or any failure to provide the Service, or for loss or corruption of data held on your computer or other device or on our servers, if this is due to circumstances beyond our reasonable control (including those mentioned in sections 11 and 12 above), or to any failure on the part of our service suppliers.
We will not under any circumstances be liable for any unforeseeable losses, or any business losses, including loss of profit, resulting from your use of, or your inability to use, the Service.
Nothing in these Terms affects any legal liability we may have and which we cannot lawfully exclude or restrict, including liability for: (a) death or personal injury caused by our negligence; or (b) our fraud.
We may give you notice to terminate your use of the Service with immediate effect if: (a) you breach any of these Terms, or (b) we have reason to believe that you are using the Service in an unauthorised, unlawful, illegal or fraudulent manner, or (c) we are prevented from providing the Service by reasons beyond our reasonable control; or (d) you fail to pay any Charges due to us.
If you wish to terminate your use of the Service, you may request us to delete your account at any time from within our account management page. Once we receive your request to delete your account, all the Content for which you are the Author will immediately become inaccessible. After six years, the Content will be deleted from our servers and can no longer be recovered. However, any Content that has been shared with other users as Thoughts will still be present after the termination of your account, but they can no longer be shared with any further users.
On termination for any reason (unless you have the right to terminate), no refund of any Charges that have already become due and have been paid will be made.
15. OTHER IMPORTANT TERMS
We reserve the right to change any of these Terms from time to time without giving notice. Any change will become effective immediately when posted to the Service. If you continue to use the Service, we will take it that you accept any such change.
We may transfer our rights or sub-contract our duties under the contract we have with you, either for operational reasons or in connection with a business sale or reorganization. Otherwise, the contract is not transferable by either you or us, and nothing in the contract gives any person other than you and us any rights under the contract.
These Terms are governed by the law of Switzerland. Any disputes may be brought before the courts of Switzerland, but that does not affect any rights you may have as a consumer under the law of where you live or any right you may have to take legal proceedings there.
16. FURTHER INFORMATION
Via Vitg Sura 23