Our Terms and User Agreement
End User License Agreement
Apps, including Notch, made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of this Agreement. Your license to any Apple App under Apple's EULA is granted by Apple, and your license to the Notch App under this Agreement is granted by the Surf and Slide LL ("Application Provider"). The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Terms and Conditions
For parents/guardians: these terms and conditions have been specially adapted for children. They should be read in conjunction with our main terms and conditions BELOW.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY (IN PARTICULAR CLAUSES 14 AND 15)
1. APPLICATION OF THESE TERMS AND CONDITIONS
1.1. These terms and conditions (and our privacy and cookies policy) are the rules for using Notch through our website (https://www.thenotchapp.com/) (the Website) or the mobile app (the Notch Platform).
1.2. You may wish to print a copy of these terms and conditions for reference.
2. WHO WE ARE
2.1. We are Surf And Slide LLC, which is a limited liability company registered in Delaware. (Notch / we / our / us).
3. HOW YOU MAY USE THE NOTCH PLATFORM
3.1. You may use the Notch Platform (unless or until your right to do so is ended under these terms and conditions).
3.2. If you have an account with us you must always:
(a) keep your log-in details confidential; and
(b) follow the content guidelines in clause 7 below.
3.3. You must:
(a) not make available or transfer all or part of the Notch Platform to another person without our prior written permission;
(b) not copy the Notch Platform, except as part of the normal use of the mobile app or where you need to do so for the purpose of having a back-up;
(c) not modify all or part of the Notch Platform, or allow it to become part of any other programs;
(d) not disassemble, de-compile, or recreate all or part of the Notch Platform;
(e) obey all laws and regulations that apply to the technology used or supported by the Notch Platform.
4. YOUR NOTCH LIST(S)
4.1. When you use the Notch Platform as a Creator, you may create your own Notch Lists.
You own all rights in the Notch List, but you give us and other Users permission to use, store and copy that Notch List and make it available to others.
4.2. Unless, you select to make them private, any Notch Lists you create will be public, which means they can be seen by all Users. We recommend that you think carefully about this when creating a Notch List.
5. RESPECTING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY
5.1. Intellectual property rights are rights owned by a person in things they create or invent that allow them to prevent others copying them.
5.2. The right to privacy is the right to be free from intrusion into matters of a personal nature.
5.3. Notch respects intellectual property rights and rights to privacy and asks that Creators do too. If you are a Creator, you must ensure that any Notch List:
(a) follows these terms and conditions;
(b) does not breach anyone’s intellectual property rights; and
(c) does not breach anyone’s rights to privacy.
If you are going to include anyone’s name, address or photo (or other details about them) in a Notch List you should get their permission before uploading them.
6. USING THE NOTCH PLATFORM
6.1. You may only use the Notch Platform for lawful purposes. You may not:
(a) use the Notch Platform in any way that breaches any laws or regulations that apply;
(b) use the Notch Platform or any part of it in any unlawful manner or for any unlawful purpose, for example hacking;
(c) use the Notch Platform for the purpose of harming or attempting to harm children in any way;
(d) infringe our intellectual property rights or those of anyone else when you use the Notch Platform;
(e) share any material that is defamatory, offensive or objectionable when you use the Notch Platform;
(f) use the Notch Platform in a way that could damage or compromise our IT systems or security, or that could interfere with the use of the Notch Platform by other Consumers or Creators;
(g) interfere with any part of the Notch Platform, any equipment or network on which the Notch Platform is stored, any software used in the provision of the Notch Platform, or any equipment or network or software owned or used by anyone else;
(h) collect any information or data from the Notch Platform or our systems;
(i) break the content guideline rules in clause 7; or
(j) send any unauthorized advertising or promotional material (for example, spam).
6.2. The Notch Platform will include information and materials uploaded by Creators (for example, Notch Lists). We have not approved these and the views expressed by Creators do not represent our views or values.
6.3. If you wish to complain about any information or materials uploaded by Creators, please
notify us by email at firstname.lastname@example.org.
7. CONTENT GUIDELINES
7.1. These content guidelines apply to all content that you put on the Notch Platform (for example, a Notch List).
7.2. Your content must:
(a) be accurate (where it states facts);
(b) be genuinely held opinions; and
(c) follow the laws in England and Wales and in any country where it is posted from.
7.3. Your content must not:
(a) defame any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) contain sexually explicit material;
(d) promote violence;
(e) promote or display discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) breach any intellectual property rights of any other person;
(g) be likely to deceive any person;
(h) breach any legal duty owed to another person, such as under a contract;
(i) promote any illegal activity;
(j) be in contempt of court;
(k) be threatening, abusive or invade another person's privacy, or cause annoyance, inconvenience or anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) impersonate any person, or misrepresent your identity or affiliation with any person;
(n) give the impression that the content uploaded or contributed by you comes from us;
(o) encourage or help anyone to do anything that is unlawful or criminal, for example copyright infringement or computer misuse; or
(p) encourage any acts of terrorism.
8. OUR INTELLECTUAL PROPERTY RIGHTS
8.1. We created the Notch Platform and we have exclusive rights to it.
8.2. You have no rights in the Notch Platform other than the right to use it and/or any other feature on the Website in accordance with these terms and conditions.
8.3. If you give us comments or feedback about the Notch Platform we may use and share those comments or feedback without asking you, telling you or paying you.
9.1. The Notch Platform is not intended for anyone under the age of 13.
9.2. If you are under the age of 13 you must stop using the Notch Platform immediately.
9.3. If you are under the age of 18 you must obtain your parent’s or legal guardian’s permission before you use the Notch Platform.
9.4. We will delete any data we hold about a child under the age of 13 if we learn that he or she has used the Notch Platform without his or her parent’s or legal guardian’s permission.
9.5. Please contact us by email at email@example.com if you believe that data about a child under the age of 13 has been uploaded to or shared on the Notch Platform.
10. SUPPORT FOR THE NOTCH PLATFORM AND HOW TO TELL US ABOUT PROBLEMS
10.1. If you have any problems with the Notch Platform please contact our customer service team at firstname.lastname@example.org
11. TERMINATION AND SUSPENSION
11.1. We can end your right to use the Notch Platform:
(a) by sending you an email with immediate effect, if you breach any of these terms and conditions; or
(b) by sending you an email taking effect after 7 days for any other reason, or for no reason at all.
11.2. If you are a Creator, we may also end your right to use the Notch Platform with immediate effect by notifying you by email if you have not used the Notch Platform as a Creator for 12 consecutive months.
11.3. When we end your right to use the Notch Platform:
(a) you must stop all activities allowed by these terms and conditions; but
(b) if you are a Creator, we and any Consumers and other Creator can continue to use the Notch Lists you created.
11.4. We can also suspend your access to the Notch Platform if we suspect that you have misused the Notch Platform or breached these terms and conditions.
11.5. You may stop using the Notch Platform at any time. If you are a Creator and would like your account to be deleted, you must contact Notch by email at email@example.com.
12. DISCONTINUATION OF THE NOTCH PLATFORM
12.1. The Notch Platform is made available to you free of charge. We do not guarantee that the Notch Platform will always be available or be uninterrupted.
12.2. We may discontinue or restrict the availability of the Notch Platform for business and operational reasons. We will try to give you notice of any discontinuation or restriction.
13. LIMITATIONS OF THE NOTCH PLATFORM
13.1. The Notch Platform is for general information only.
13.2. The Notch Platform does not offer any advice that you should rely on.
13.3. We cannot guarantee that any information in a Notch List or on the Notch Platform is accurate, complete or up to date.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. We are only responsible to you for loss and damage caused by us that was foreseeable.
14.2. If we don’t follow these terms and conditions, we are responsible for loss or damage that is a foreseeable result of us breaking these terms and conditions or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
14.3. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms and conditions apply to you, both Notch and you knew it might happen.
14.4. If your device or digital content are damaged because of defective digital content we have provided, Notch will either repair the damage or pay you compensation.
15. CHANGES TO THESE TERMS AND CONDITIONS AND THE NOTCH PLATFORM
15.1. We may change these terms and conditions and/or the Notch Platform at any time. If we do so, we will give you not less than 7 days’ notice by displaying this information on the Notch Platform.
15.2. If you continue to use of Notch Platform after the 7 days we will assume you agree to any changes.
16. OTHER IMPORTANT TERMS
16.1. We may transfer our rights under these terms and conditions to another organisation. We will always tell you if this happens by posting a notification on the Notch Platform and we will make sure that the transfer will not affect your rights under these terms and
16.2. These terms and conditions only apply to you and us, and no other person has the right to enforce them.
16.3. These terms and conditions are governed by New York law. You may bring legal proceedings about the Notch Platform in the New York or United States courts.
The terms and conditions were last updated on 12/16/2021.