Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By using NoteBrain AI (the "Service"), including the web app at app.notebrain.ai, the desktop app for macOS, Windows, and Linux, the VS Code extension, and the website at notebrain.ai, you agree to these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

NoteBrain AI is a local-first, AI-powered knowledge management application. It is available as:

• Free tier: all platforms, no account required. Includes all editors, local storage, full-text and vector search, your own API keys (unlimited), local AI via Ollama (unlimited on desktop), and a 100K-token cloud AI demo budget.
• AI plans (subscription) - managed cloud AI without needing your own API keys. AI Starter (3€/mo), AI Pro (8€/mo), and AI Business (15€/mo).
• Cloud plans (subscription) - everything in AI plans, plus cross-device sync and cloud storage. Cloud Starter (4€/mo), Cloud Pro (10€/mo), and Cloud Business (20€/mo).

All apps are free to use. Revenue comes from optional subscription services only.

3. Subscriptions and Billing

Paid plans are billed monthly or annually via Polar.sh (our Merchant of Record). Annual billing includes two months free. You may cancel at any time through the billing portal. Upon cancellation, your subscription remains active until the end of the current billing period. After that, your account reverts to the free tier.

All prices are in EUR and subject to applicable taxes. We may adjust pricing with 30 days' notice.

4. Accounts

An account is required only for paid plans. Free-tier users do not need an account. You are responsible for maintaining the confidentiality of your login credentials. Each account may be used on up to 5 devices simultaneously.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Abuse, exploit, or circumvent rate limits on the demo AI proxy
• Attempt to bypass authentication, subscription validation, or device limits
• Reverse-engineer, decompile, or disassemble the Service
• Use automated tools to scrape or overload the Service
• Transmit malware, spam, or harmful content through the Service

6. Data Ownership

You retain full ownership of all content you create in NoteBrain AI. We do not claim any intellectual property rights over your content. We do not use your data to train AI models.

7. Cloud Data Storage

For Cloud plan subscribers, notes are stored in Google Cloud SQL (PostgreSQL) and attachments in Google Cloud Storage. All data is encrypted at rest and in transit. You may export your data at any time using the built-in export feature.

Optional end-to-end encryption. Cloud plan subscribers may enable end-to-end encryption, which encrypts note content and attachments on your device before upload. When enabled, NoteBrain cannot access, decrypt, or recover your data, and note sharing and real-time collaboration are disabled. If you lose your encryption passphrase and your recovery key, your data is permanently and irreversibly lost, and NoteBrain cannot assist in recovering it. You are solely responsible for safeguarding your passphrase and recovery key.

8. Free Tier and Demo AI

The free tier includes 100K lifetime cloud AI tokens via our demo proxy. This is rate-limited per IP address and browser fingerprint (stored as a hash only). The demo proxy is provided "as is" with no uptime guarantees.

9. Service Availability

NoteBrain AI is provided "as is" without warranty of any kind. We do not guarantee uninterrupted access to cloud services. The free tier has no SLA. Paid plans include reasonable availability targets, but we are not liable for downtime or data loss. We recommend maintaining local backups of important data.

10. Cancellation and Data Export

You may cancel your subscription at any time. Upon cancellation:

• Access to paid features continues until the end of the billing period
• You may export all your data before the period ends
• After expiration, cloud-stored data is retained for 30 days, then permanently deleted
• The apps remain free to use with local storage and your own API keys

11. Account Deletion

You may delete your account at any time from the dashboard. This permanently removes all your data from our servers, cancels active subscriptions, and is irreversible.

12. GDPR and Privacy

We comply with the EU General Data Protection Regulation (GDPR). You have the right to:

• Access your personal data
• Rectify inaccurate data
• Request deletion of your data (right to be forgotten)
• Export your data (data portability via the built-in export feature)
• Object to processing of your data

See our Privacy Policy for full details.

13. Age Requirement

You must be at least 16 years of age to use the Service, in accordance with GDPR requirements.

14. Limitation of Liability

To the maximum extent permitted by law, NoteBrain AI and its operators shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, loss of profits, or business interruption, arising from your use of the Service.

In particular, where you have enabled end-to-end encryption, NoteBrain AI shall not be liable for any loss of data resulting from a lost, forgotten, or mismanaged encryption passphrase or recovery key, as the encryption design makes such data technically impossible for us to recover.

15. Changes to Terms

We may update these Terms of Service from time to time. Material changes will be communicated via email to registered users at least 14 days in advance. Continued use of the Service after changes take effect constitutes acceptance of the updated terms.

16. Governing Law

These terms are governed by and construed in accordance with applicable law.

17. Contact

For questions about these terms, contact us at [email protected].