Terms of Service

Last updated: December 9, 2024

Agreement Overview

These Terms of Service ("Terms") govern your use of NotchFlow, a native macOS application developed by Hau-Ben Benjamin Shih ("we," "us," or "our"). By downloading, installing, or using NotchFlow, you agree to be bound by these Terms.

Please read these Terms carefully before using NotchFlow. If you don't agree with any part of these Terms, please don't use our software.

1. Acceptance of Terms

By using NotchFlow, you confirm that:

  • You are at least 13 years old (or 16 in the EU)
  • You have the legal capacity to enter into this agreement
  • You will use NotchFlow in compliance with these Terms and applicable laws
  • All information you provide is accurate and current

If you're using NotchFlow on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Software License

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to:

  • Install and use NotchFlow on your personal Mac computers
  • Use NotchFlow for personal and commercial purposes
  • Install NotchFlow on a reasonable number of Macs that you own or control

License Restrictions

You may NOT:

  • Redistribute, sell, or sublicense NotchFlow
  • Reverse engineer, decompile, or disassemble the software
  • Remove or modify any copyright notices or license information
  • Use NotchFlow to develop competing software
  • Share your license key with others
  • Use NotchFlow in violation of applicable laws

License Types

Lifetime License: One-time purchase providing permanent access to NotchFlow and future updates.

Subscription License: Monthly recurring license providing access while subscription is active.

Trial License: 7-day free trial with full feature access, no credit card required.

3. User Obligations

Responsible Use

You agree to:

  • Use NotchFlow only for lawful purposes
  • Respect the intellectual property rights of others
  • Not use NotchFlow to infringe on music service terms of service
  • Keep your license information secure and confidential
  • Report any bugs or security issues responsibly

System Requirements

You are responsible for ensuring your Mac meets NotchFlow's system requirements:

  • macOS 11.0 (Big Sur) or later
  • Apple Music or Spotify app (for music integration)
  • Internet connection (for license validation and updates)

Music Service Integration

When using music service integrations:

  • You must comply with Apple Music and Spotify terms of service
  • You're responsible for any required subscriptions to these services
  • We're not responsible for changes to third-party APIs or services
4. Payment Terms

Payment Processing

All payments are processed by Lemon Squeezy, our Merchant of Record. By making a purchase, you also agree to Lemon Squeezy's terms of service.

Pricing and Billing

  • Lifetime License: One-time payment of $15 USD
  • Monthly Subscription: $3 USD per month, billed monthly
  • Free Trial: 7 days, no payment required

Prices are subject to change with 30 days notice for new purchases. Existing licenses are not affected by price changes.

Subscription Management

  • Subscriptions automatically renew unless cancelled
  • You can cancel anytime through your Lemon Squeezy account
  • Cancellation takes effect at the end of the current billing period
  • No partial refunds for unused subscription time

Refund Policy

We offer a 30-day money-back guarantee:

  • Request refunds within 30 days of purchase
  • Contact support@notchflow.app with your order details
  • Refunds processed within 5-10 business days
  • Refunded licenses will be deactivated
5. Intellectual Property

Our Intellectual Property

NotchFlow and all related materials are protected by copyright and other intellectual property laws. This includes:

  • Software code and architecture
  • User interface design and graphics
  • Included focus music tracks
  • Documentation and marketing materials
  • The NotchFlow name and logo

Your Content

You retain ownership of:

  • Your personal settings and preferences
  • Your music library and playlists
  • Any feedback or suggestions you provide (though we may use them to improve NotchFlow)

Third-Party Content

NotchFlow may include open-source components. These are governed by their respective licenses, which are included with the software.

6. Disclaimers and Warranties

Limited Warranty

We warrant that NotchFlow will perform substantially as described for 30 days from purchase. Our sole obligation for any breach of this warranty is to provide a refund.

Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED, NOTCHFLOW IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

  • Implied warranties of merchantability or fitness for a particular purpose
  • Warranties that NotchFlow will be uninterrupted or error-free
  • Warranties regarding third-party service availability

Third-Party Services

We don't guarantee the availability or functionality of Apple Music, Spotify, or other third-party services. Changes to these services may affect NotchFlow's functionality.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability will not exceed the amount you paid for NotchFlow
  • We're not liable for indirect, incidental, or consequential damages
  • We're not liable for data loss, business interruption, or lost profits
  • We're not liable for issues caused by third-party services or software

Some jurisdictions don't allow these limitations, so they may not apply to you.

8. Termination

Termination by You

You may terminate this agreement at any time by:

  • Uninstalling NotchFlow from all your devices
  • Cancelling any active subscriptions
  • Ceasing all use of the software

Termination by Us

We may terminate your license if you:

  • Violate these Terms
  • Use NotchFlow for illegal purposes
  • Attempt to circumvent license restrictions

Effect of Termination

Upon termination:

  • Your right to use NotchFlow ends immediately
  • You should uninstall the software
  • Lifetime licenses remain valid unless terminated for cause
  • Subscription access ends at the current billing period
9. Service Changes and Updates

Software Updates

We may provide updates to NotchFlow that:

  • Add new features or improve existing ones
  • Fix bugs or security issues
  • Ensure compatibility with new macOS versions
  • Adapt to changes in third-party services

Service Discontinuation

If we decide to discontinue NotchFlow:

  • We'll provide 90 days advance notice
  • Lifetime license holders will continue to have access to the final version
  • Subscription holders will receive prorated refunds
  • We'll provide instructions for data export if applicable
10. Governing Law and Disputes

Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

Dispute Resolution

For any disputes:

  • First, contact us at legal@notchflow.app to try to resolve the issue
  • If unresolved, disputes will be handled through binding arbitration
  • Arbitration will be conducted under the rules of the American Arbitration Association
  • You may opt out of arbitration within 30 days of agreeing to these Terms
11. Miscellaneous

Changes to Terms

We may update these Terms from time to time. When we do:

  • We'll update the "Last updated" date
  • We'll notify users of significant changes through the app
  • Continued use constitutes acceptance of the new Terms

Severability

If any part of these Terms is found unenforceable, the rest remains in effect.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding NotchFlow.

Export Controls

NotchFlow is subject to US export controls. You agree not to export or re-export the software in violation of applicable laws.

12. Contact Information

For questions about these Terms or NotchFlow, contact us:

General Support: ben@benshih.design

Legal Questions: ben@benshih.design

Privacy Questions: ben@benshih.design

Developer: Hau-Ben Benjamin Shih

Response Time: We aim to respond within 48 hours