Fayernote Terms of Service

Welcome to Fayernote. These Terms are entered into by you and Fayerhill Technology (Chengdu) Co., Ltd. (“we,” “us,” or “our”) and apply to the Fayernote applications and related services we provide.

Before registering, signing in, or using the Service, carefully read and fully understand these Terms and the Fayernote Privacy Policy, especially the provisions concerning limitations of liability, account deletion, subscriptions, and dispute resolution. By selecting the agreement option and continuing to register, sign in, or use the Service, you confirm that you have read, understood, and agreed to these Terms.

1. Scope and eligibility

These Terms apply to users of the Service.
The Service is available only to users aged 18 or older. Anyone under 18 may not register for or use the Service.
You must have the civil capacity appropriate to use the Service and conduct related transactions and are responsible for activity under your account.

You may register or sign in using the methods available in the app.
You must provide true, accurate, lawful, and valid information and update it promptly when it changes.
Protect your device, verification codes, and account credentials. Do not lend, rent, sell, or otherwise allow another person to use the account unlawfully.
If you discover unauthorized account use or another security risk, promptly notify us using the contact details in these Terms.
To protect accounts and the Service, we may lawfully take necessary measures such as identity verification, limiting abnormal requests, or suspending affected functions.

3. Service features

Fayernote provides content capture, synchronization and AI-assisted organization services. Available features are described in the product.
Some features depend on network access, system permissions, Apple services, or third-party cloud services. Refusing an optional permission does not affect unrelated features; refusing a permission required for a feature may make that feature unavailable.
We may adjust, upgrade, or discontinue features according to operational and technical conditions. Changes to paid prices and benefits are governed by Section 5. If a change materially affects user rights or personal information handling, we will provide notice or obtain required consent as required by law.

4. User content and AI features

You retain the rights you lawfully hold in text, audio, images and other material you upload, enter or record. You must have the rights needed to record, submit and use that material and authorize the corresponding processing by the Service. For information, works or trade secrets belonging to an employer, client or other third party, you must obtain the necessary permissions and comply with applicable confidentiality obligations.
AI-generated titles, summaries, categories and other results may be inaccurate, incomplete or unsuitable for a particular purpose. Verify important information against the original content before using or sharing results or making decisions based on them. Results do not constitute professional advice and must not be the sole basis for medical, legal, financial or other high-risk professional decisions.
Our processing of user content, use of AI service providers, and storage of AI results are governed by the Fayernote Privacy Policy and the functions actually offered in the product.
You must not use the Service to create, copy, publish, or distribute content prohibited by law or that harms national security, public interests, or another person’s lawful rights.
Recording and third-party content. You are responsible for establishing that recording and subsequent use are lawful, including under applicable requirements in your location and those of other participants. Before recording, uploading, cloud transcription or other processing, give the legally required notice of the recording and processing purposes, obtain necessary consents or permissions, and retain evidence where needed. Where all-party consent is required, obtain it before recording begins. Stop the relevant recording or processing if necessary consent is missing or has been validly withdrawn and no other lawful basis applies. Fayernote does not determine whether your particular recording is lawful or obtain participants’ consent on your behalf. By submitting content, you represent that you have the rights and permissions needed for us to provide the relevant services. Liability for breaching these obligations and resulting third-party claims is governed by Section 11.
To provide storage, synchronization, transcription, summarization, classification, search, backup, and recovery, you authorize us to process your content only to the extent necessary to provide the Service. This authorization includes sensitive personal information that you choose to submit and that is strictly necessary for the requested feature. Its processing and any consent required by law are governed by Section 2 of the Fayernote Privacy Policy. This authorization does not transfer ownership of your content.
To the extent permitted by applicable law and third-party rights, you may use, copy, modify, export and share results generated for you, including for commercial purposes. We do not guarantee that results carry exclusive rights or differ from results generated for others. Your use remains subject to these Terms and applicable law.

5. Memberships, subscriptions, and payments

Plans and purchase terms

Fayernote may offer free features and different paid plans. The price, billing period, core features, usage allowances, material limitations and promotional conditions of your purchase are those presented to and confirmed by you at the time of purchase in the purchase page, benefit description and applicable platform purchase confirmation. These form part of the terms of that purchase. Conditions may vary by region, currency, plan, purchase channel and promotion. Prices and conditions following a limited-time offer are as disclosed when you purchase.

Changes and new features

For valid reasons such as developments in technology, service costs, third-party service availability, legal or regulatory requirements, security needs or changes in user needs, we may introduce, change, combine or discontinue plans, features, usage allowances and promotions, and change prices and benefits for future purchases or renewals. Unless expressly included when you purchase, an existing subscription does not automatically include every future feature, separate product or additional service, or guarantee a permanent price or continued free availability. Changes are subject to this section and applicable law.

Price changes

Revised prices apply to new purchases after their effective date. For existing auto-renewable subscriptions, revised prices apply from a renewal period after any required notice and consent procedures, in accordance with platform rules and the effective date communicated to you. We will not charge an additional amount for an already-paid current service period solely because of a price increase. You may cancel future renewal under the platform's rules before a change takes effect. Where law or platform rules require your affirmative consent, your subscription will not renew at the increased price without that consent.

Benefit changes

We may improve features, change interfaces or replace underlying technology without reducing the conformity of the agreed service, and will provide information as applicable requirements prescribe. Material changes adverse to you, such as reducing paid usage allowances or removing purchased core features, will generally take effect from a subsequent renewal period, with reasonable advance notice of the change, effective date and available choices, and any consent required by law. If a change affecting use must occur during an already-paid period, we will provide remedies required by applicable law and the purchase terms, which may include continued performance, an alternative you accept, termination or reimbursement for the relevant unperformed portion. These arrangements do not limit your other statutory rights. Where a durable medium or a specific notice or termination period is required by law, those requirements apply.

Free features, trials and promotions

We may change or discontinue free features, trial allowances and promotions for which no fixed availability period has been promised, for the valid reasons described above and with notice as required. Expressly promised promotional periods, trial terms and benefits included in an existing paid purchase remain subject to their agreed conditions. Changes do not affect statutory personal data rights. Changes to access, export or retention of existing content will be explained separately with applicable transition arrangements.

Payment and cancellation

Purchases, renewals, cancellation and refunds follow the purchase channel you actually use, the conditions disclosed at purchase and applicable law. The Apple-specific rules below apply to products or subscriptions purchased through the Apple App Store.

Purchases and auto-renewable subscriptions made through the Apple App Store are handled by Apple. We do not directly obtain your bank card number or Apple ID payment credentials.

Charges, renewals, cancellation, refunds, and price changes are handled under Apple’s subscription rules and applicable law. You can view or cancel subscriptions on the Apple ID subscription management page.

Deleting the app or your Fayernote account does not automatically cancel a subscription that remains active with Apple. If you no longer want renewal, cancel it separately through Apple.

Unless otherwise required by law or Apple platform rules, completed purchases and refunds are handled by Apple through its process.

6. Rules of conduct

You must not:

Violate laws, public order, or accepted standards of conduct;
Infringe intellectual property, privacy, reputation, trade secrets, or other lawful rights;
Upload malicious software or disrupt, damage, or gain unauthorized access to the Service, servers, accounts, or data;
Circumvent access controls, quotas, membership entitlements, billing, or security mechanisms;
Conduct unlawful reverse engineering, automated abuse, bulk registration, scraping, or attacks;
Use the Service for fraud, harassment, money laundering, gambling, or other unlawful activity; or
Engage in other conduct that may harm users, us, Apple, service providers, or the public interest.

Where we reasonably suspect a violation, we may take necessary and proportionate temporary measures, including warnings, restrictions on affected features or suspension of affected services. We will explain the reason to the extent permitted by law and consistent with a secure investigation. Permanent termination is governed by Section 9. We may also preserve necessary evidence or report matters to competent authorities as required or permitted by law.

If you believe content in the Service infringes your privacy, intellectual property or other rights, email support@fayerhill.com with enough information to locate the content, the grounds for your complaint and necessary supporting evidence. We will assess the complaint under applicable law and may request evidence of authorization from the submitting user and take appropriate measures, such as restricting access, stopping relevant processing or deleting content. Complaint and verification information is used and disclosed only as necessary to handle complaints, protect rights and meet legal obligations.

7. Third-party services

We use third-party services to support functions such as sign-in, payments, cloud processing and notifications. Our Privacy Policy and related lists explain the relevant processing of personal information.
Third-party services operate under their providers’ rules and may be unavailable because of network, system, region, account status, or provider maintenance.
We disclose personal-information recipients in the Privacy Policy and related lists. For providers processing personal information on our behalf, we agree on processing purposes, scope, confidentiality and security requirements. Where a provider independently determines processing purposes and means, the relevant lists, its own notices and applicable law govern that processing. Our statutory responsibilities for provider oversight, personal-information protection and the Service remain unaffected.

8. Personal information and privacy

We handle and protect personal information under the Fayernote Privacy Policy. Read it before using the Service to understand collection, use, retention, sharing, deletion, withdrawal of authorization, and account deletion.

9. Account deletion and termination

You may delete your account in Profile → More Settings → Delete Account. If you cannot sign in or use a linked verification method, contact support@fayerhill.com.
To protect account security, you must verify with any linked Apple Account, phone number, or email address before deletion.
After deletion, we stop providing service to that account and handle related data under the Fayernote Privacy Policy and applicable law. Records that must be retained by law are not affected by deletion.
If you materially breach these Terms or applicable law, we may terminate the affected services after explaining the reason and allowing a reasonable opportunity to remedy the breach. We may immediately restrict, suspend or terminate affected services for a material breach that cannot be remedied, or where necessary to address an urgent security threat, a serious risk of unlawful activity or a legal requirement. We will notify you promptly where permitted. You may request a review at support@fayerhill.com.
If we permanently discontinue all or a material part of the Service for business or technical reasons, we will provide reasonable advance notice as required by law, explaining the effective date, content retrieval arrangements and treatment of remaining paid service.
On termination, unless legal, security or third-party rights require restrictions, we will provide a reasonable opportunity to retrieve content you are entitled to obtain. Unperformed paid service and other statutory refunds, termination rights or remedies will be handled under applicable law and the purchase terms; restricting or terminating an account does not automatically forfeit all fees paid. Cancellation of Apple subscription renewals remains subject to Section 5.

10. Intellectual property

Except for content in which users lawfully hold rights, intellectual property in Fayernote software, interfaces, trademarks, branding, documentation, and other service material belongs to us or the relevant rights holder.
Without written permission, you may not copy, sell, rent, sublicense, reverse engineer, or otherwise use that material beyond normal use, except where permitted by law.
We may use feedback and suggestions to improve the Service, but this does not give us ownership of personal content contained in your suggestion.
To the extent you hold the necessary rights, you grant us a non-exclusive, worldwide, royalty-free license to create eligible anonymized text samples and use those samples to train and improve our machine-learning models, including large language models, only subject to the conditions, choices and legal safeguards in Section 2 of the Privacy Policy. This license permits processing source text only as necessary to create eligible anonymized samples under those safeguards; it does not authorize using identifiable raw content as training inputs or override third-party rights. We will screen proposed training material and exclude samples that lack necessary permissions, are subject to confidentiality or upstream-use restrictions, have rights that cannot reasonably be verified, or fail anonymization checks.

11. Service changes, interruption, and liability

We make reasonable efforts to maintain safety and stability, but the internet, mobile networks, operating systems, third-party platforms, and AI models involve uncertainty. The Service may experience delay, interruption, synchronization failure or output variation. Subject to paragraph 6 below, we do not warrant uninterrupted or entirely error-free operation or suitability for a particular purpose that we have not agreed to support. We remain responsible for providing the Service as agreed and required by law, exercising reasonable care and addressing faults.
We provide reasonable advance notice of foreseeable maintenance or material changes, except for urgent security action or force majeure.
Keep necessary backups of content that is particularly important and cannot be lost, and check synchronization and processing results promptly.
Types of loss. To the extent permitted by law, we are not responsible for losses that lack the legally required causal connection to a breach, or unforeseeable losses for which the law does not make us responsible. If you use the Service for business purposes, we exclude indirect or consequential loss of profit, revenue, goodwill and business opportunity where legally permitted. These exclusions of categories of loss do not apply to reasonably foreseeable losses caused by our breach or negligence during your normal use as a consumer. Reasonable content-recovery costs are not automatically excluded as data loss.
Financial limit. Only for our ordinary negligence, and where the law permits a limit, our aggregate liability for damages arising from one event or a series of related events is limited to the greater of the fees you actually paid for Fayernote services during the 12 months before that event or the first event in that series, and US$100. Where payable in another currency under applicable law, the equivalent amount applies. This limit does not apply where liability cannot lawfully be limited to protect consumers’ core contractual rights and reasonably foreseeable losses from normal use.
These exclusions and limits do not apply to our intentional misconduct, gross negligence, fraud, liability for personal injury that we bear under law, or other liability that cannot lawfully be excluded or limited. Statutory refunds, repair, remedies bringing the Service into conformity, repeat performance, price reductions, termination and other non-limitable remedies neither count toward nor are restricted by the damages limit. A third-party provider’s failure does not automatically release us from our contractual or statutory obligations to you.
Third-party claims caused by your fault. If your culpable breach of these Terms or applicable law, such as failing to obtain required recording consent, submitting or using third-party content without authorization, or breaching confidentiality obligations, directly causes a third party to bring a claim against us, you must, to the extent required under applicable law, reimburse the resulting reasonable, proven losses and necessary, reasonable response costs, including legally recoverable legal fees. You are not responsible for the portion caused by our conduct, fault or failure to perform our obligations, or for liability that cannot lawfully be transferred to you. We will notify you promptly, provide information reasonably needed and give you a reasonable opportunity to participate in the defence and settlement discussions. Both parties must cooperate reasonably and mitigate loss. Without your consent, we will not settle a claim in a way that requires you to admit liability or assume additional payment or other obligations. You are not responsible for increased losses caused by our failure to give timely notice or reasonably mitigate loss.

12. Updates to these Terms

We may update these Terms because of laws, product features, service providers, or security requirements. For updates materially affecting user rights, we will provide notice through an in-app prompt, product notice, announcement, or another prominent method. Where renewed consent is required by law, we will continue the relevant processing or service only after obtaining it.

13. Governing law and dispute resolution

The formation, performance, interpretation, and dispute resolution of these Terms are governed by the laws of mainland China.
The parties should first seek an amicable resolution. If no agreement is reached, either party may bring proceedings before a people’s court with jurisdiction according to law.
The choice of law and forum above does not deprive consumers of mandatory protections or access to courts that applicable law grants in their place of habitual residence. Such protections prevail over conflicting provisions of these Terms.

14. Contact us

Operator: Fayerhill Technology (Chengdu) Co., Ltd.
Email: support@fayerhill.com