Terms of Service
These Terms govern your use of MarkDaw — this website, the web app, the API, and the MarkDaw apps for iPhone, iPad and Android — which Premsan Inc (“Premsan”, “we”, “us”) operates. By creating an account or using MarkDaw you agree to them. If you are a consumer, nothing here takes away a protection the law of the place you live gives you and does not let you waive.
1. The service
MarkDaw keeps your notes — each a title, text written in Markdown, and the tags you give it — in your account, where you can search, write, edit, import and export them in the web app and the phone app. Because your notes are kept in your account rather than on one device, using MarkDaw needs a connection. An assistant reads what you send it — a message, a photo or a text file — together with your notes, answers from them and proposes changes to them; a change it proposes is made only when you approve it, and one that would overwrite a note you changed after it was proposed is refused. Its features may change over time.
2. Your account
One person, one account. Keep your password to yourself; you are responsible for what happens under your account, and you should tell us promptly if you think someone else has gained access to it. If you sign in with Apple or Google, that provider’s terms govern the sign-in itself.
3. Age
You must be at least 16 to use MarkDaw, or older if the law where you live sets a higher age for agreeing to terms like these on your own.
4. Your notes
Your notes are yours. What you put in them — what you write, import, or approve from the assistant — you must have the right to put there, and if they hold personal data about other people, you are the one responsible to them for it.
You give us a licence to store your notes, to search them for you, to send your messages, your photos, your files and what the assistant reads from your notes to the model that runs the assistant when you use it, and to show all of it back to you, and for nothing else. We do not use your notes or your conversations to train models, and we never publish them.
The assistant can misread a message, a photo or a note, and what it writes can be wrong, so read each proposal before you approve it.
5. The subscription
MarkDaw is sold as a monthly subscription. Its price is shown before you pay, at the checkout on the web or by the App Store or Google Play in the app. You can start free, and nothing is charged while you do; the free use is limited, and once it ends, the assistant requires a subscription. Without one, nothing is deleted: you can still read, write, change, delete, import and export your notes.
A subscription bought on the web renews each month until you cancel it, which you can do at any time under Plan in Settings in the web app; it stays active until the end of the month you paid for, and nothing is charged after it. A subscription bought in the app is taken by the App Store or Google Play, renews under the store’s rules, and is cancelled in the store’s own subscription settings.
If you bought on the web and change your mind within 14 days of your first payment, write to us and we will refund it. A subscription bought in the app was taken by the App Store or Google Play, and a refund of it follows the store’s own policy and process. We may change the price; we will tell you before a change reaches you, and a change never applies to a month you have already paid for.
Stripe is the seller of record for a subscription bought on the web: Stripe takes the payment, and collects and pays over whatever sales tax, VAT or consumption tax your country charges on it — except in Japan, where the sale is Premsan’s own and Stripe neither collects nor files the consumption tax. The service, your notes and everything else in these terms stay between you and Premsan. The price you are shown includes that tax, so the figure on the checkout page is the figure you pay, in your own currency, converted by Stripe — which is why it may not be the round number quoted elsewhere on our site. In the app, the App Store or Google Play is the seller of record in the same way, and the price it shows includes tax too.
6. The apps
We license you the MarkDaw app for iPhone, iPad and Android — we do not sell it to you — for your own use, on devices you own or control, under the rules of the store you got it from. The store’s own terms apply to the download and to purchases made inside the app. We may issue updates to the app and your device may install them automatically; these Terms apply to every version.
If you got the app from Apple’s App Store, the following also applies:
- Acknowledgement. These Terms are between you and Premsan only, not Apple Inc. (“Apple”). Premsan, not Apple, is solely responsible for the app and its content.
- Scope of licence. The licence is limited and non-transferable, to use the app on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Premsan is solely responsible for any maintenance and support of the app. Apple has no obligation to provide any.
- Warranty. If the app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund you the price you paid for the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app; anything else arising from a failure to conform is Premsan’s responsibility.
- Product claims. Premsan, not Apple, is responsible for any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, a claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property, Premsan, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You represent that you are not in a country under a United States embargo or designated by the United States as supporting terrorism, and that you are not on a United States list of prohibited or restricted parties.
- Developer name and address. Premsan Inc, at the address in section 13, is the developer; questions, complaints and claims about the app go to the email address there.
- Third-party terms. You must comply with any third-party terms that apply to your use of the app.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.
If you got the app from Google Play, the following also applies:
- Acknowledgement. These Terms are between you and Premsan, not Google LLC (“Google”). Your use of the app must also comply with the Google Play Terms of Service in force at the time.
- Privacy. Your use of the app is subject to our Privacy Policy. Premsan, not Google, is responsible for complying with the privacy law that applies to it and with the Google Play Developer Policies.
- Purchases. A subscription bought in the app is bought through Google Play and billed to your Google account, at the price Google Play shows before you confirm, and renews and is cancelled under Google Play’s rules. A refund follows section 5.
- Liability. Google has no obligation or liability to you with respect to the app or these Terms.
7. Acceptable use
You may not use MarkDaw to break the law, to keep data about people that you have no right to keep, or to do anything that harms other people who use it. You may not scrape it, access it by automated means, or try to get around the bot check or the limits on the free use or a subscription. If you find a security weakness, tell us at the address in the Privacy Policy rather than using it. We may slow, suspend or close an account that does any of this.
8. Closing your account
You can delete your account at any time: on the web under Account in Settings, or in the app under Account. Your notes, your conversation with the assistant and its photos and files are erased at once; the records that remain, and why, are listed in the Privacy Policy. Export your notes first if you want to keep them. Deleting your account ends a subscription bought on the web, but not one bought in the app; cancel that in the store first. We may suspend or close your account if you break these Terms or if the law requires it. If we ever shut MarkDaw down, we will tell you in advance, leave you time to export your notes, and refund what you paid on the web for the part of a month you had not used.
9. Warranties and liability
MarkDaw is provided as it is and as it is available, without a warranty of any kind, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not promise that it will be uninterrupted or free of error, or that a proposal the assistant makes or an answer it gives is correct or complete.
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, on any theory of liability, even if told of the possibility; and our total liability for everything arising out of MarkDaw is limited to the greater of the amount you paid us in the twelve months before the event and one hundred United States dollars (US$100). Nothing in these Terms excludes or limits a liability that the law does not let us exclude or limit, including liability for fraud, for wilful misconduct or for gross negligence, and nothing limits the rights you have as a consumer.
10. Your responsibility to us
If a third party makes a claim against us because of what you put in MarkDaw, how you used it, or a breach of these Terms or of the law, you will cover the reasonable costs, including legal fees, that the claim causes us.
11. Changes
We may change these Terms. When a change matters we will say so in the web app or the phone app, or by email, before it takes effect; continuing to use MarkDaw after that is agreeing to it. The date at the top is the version that stands, and we record which version you accepted when you created your account.
12. Governing law
These Terms are governed by the law of Japan, without regard to its conflict-of-law rules, and any dispute under them is brought before the courts of Osaka, Japan. If you are a consumer, you keep the protection of the mandatory law of the country you live in, and you may also bring a claim in its courts.
13. Contact
Premsan Inc — 530-0001, 12-12, Osaka Ekimae Dai-2 Bldg., 1-2-2 Umeda, Kita-ku, Osaka-shi, Osaka, Japan. [email protected] for questions, complaints and claims about MarkDaw.