Terms of Use

1. Acceptance of These Terms

By downloading, installing, accessing, or using DulyNote (the "App"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use the App.

If you are using the App on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. Definitions

• "Content" means any notes, links, bookmarks, files, media, audio recordings, collections, metadata, exports, or other information you create, import, store, or process using the App.
• "Export" means any file generated by the App, including .dnote, JSON, or PDF.
• "Third-Party Services" means any external service or website you access via the App or choose to store exports with (e.g., cloud drives, file-sharing services, websites used for previews).

3. Nature of the App

The App is a local-first software tool. Anyfyn Inc. does not operate content servers for your Content.

The App may connect to Third-Party Services only when you choose to do so or enable optional features (such as link previews or exporting to a third-party drive). Third-Party Services are independent and outside Anyfyn Inc.'s control.

4. Eligibility

You must comply with applicable laws and be legally permitted to use the App where you live. If you are under the age of majority, you may use the App only with appropriate permission from a parent or legal guardian.

5. User Content, Responsibility, and Rights

You retain whatever rights you have in your Content. Anyfyn Inc. does not claim ownership of your Content.

You are solely responsible for:

• the Content you store, record, import, export, share, or replicate,
• ensuring you have all necessary rights, permissions, and consents for such Content,
• complying with all applicable laws relating to Content (including privacy, IP, and recording laws).

Anyfyn Inc. does not review, monitor, or validate Content for legality, accuracy, or ownership.

6. Imported Content

The App may allow you to import Content from sources you select or receive, including (without limitation) bookmark HTML files, .dnote packages, JSON, PDFs, media files, and collections or "packs" created by third parties.

You represent and warrant that you have all necessary rights, permissions, and consents to import, store, use, share, export, and (if applicable) replicate such Content, including any rights related to copyright, confidentiality, privacy, and recording laws.

No review or endorsement.

Anyfyn Inc. does not monitor, review, verify legal ownership of, or endorse imported Content and is not responsible for the legality, accuracy, availability, or safety of imported Content or third-party materials referenced by it.

No security guarantee.

Imports may contain corrupted data, incompatible formats, or other harmful content. Any integrity, signature, checksum, or "verification" checks (if available) are provided on an "as implemented" basis and are not a guarantee that imported Content is safe, lawful, complete, or free of malware or vulnerabilities. Anyfyn Inc. disclaims liability arising from imported Content and your use of it, to the maximum extent permitted by law.

7. Replication and Ownership

The App may allow you to replicate imported/shared items into an Owned area (creating a new copy under your control). Replication may change provenance or attribution signals within the App, but it does not determine legal ownership.

You are responsible for ensuring you have rights to duplicate, replicate, retain, and use any content you replicate.

8. Audio Notes and Recording Consent

If you use the Audio Notes feature, you acknowledge:

• recordings occur only when you explicitly start recording and grant OS-level microphone permission,
• the App does not perform background recording, ambient listening, or cloud transcription by default.

Recording consent and legality:

You are solely responsible for complying with all laws governing audio recordings (including one-party and all-party consent requirements) and for obtaining any required permissions. Anyfyn Inc. does not provide legal advice and is not responsible for recording-related claims arising from your use of the App.

9. Exports, Backups, Encryption, and Recovery Keys

The App may provide export/backup features (including .dnote, JSON, PDF) and may offer optional encryption for exports.

You acknowledge and agree:

• exports/backups are user-initiated and user-controlled,
• Anyfyn Inc. does not custody your exports or your storage locations,
• encryption and verification features are provided as implemented and may not be error-free,
• you are responsible for safeguarding Recovery Keys (if used) and for testing backups/restores.

Recovery Key warning: If you lose your Recovery Key, encrypted exports may be permanently inaccessible, and Anyfyn Inc. cannot recover, reset, or decrypt them.

10. No Professional Advice

The App is a general-purpose tool and does not provide legal, medical, financial, compliance, cybersecurity, or other professional advice. You are responsible for how you use the App and any decisions you make based on Content.

11. Prohibited Use

You may not use the App to:

• violate any law or regulation,
• infringe intellectual property rights or privacy rights,
• unlawfully record others or store unlawful recordings,
• distribute malware or attempt to compromise device/security mechanisms,
• interfere with or attempt to reverse engineer the App except to the extent such restriction is prohibited by law.

12. No Warranty of Security, Encryption, Availability, or Results

DulyNote may use modern cryptographic mechanisms for signing, integrity verification, and optional export encryption. However, you acknowledge:

• no software can guarantee absolute security or defect-free operation,
• cryptographic implementations may contain vulnerabilities or errors,
• device/OS behavior, user configuration, storage providers, malware, and network conditions may affect outcomes,
• exports, restores, verification, and encryption may fail, be interrupted, be incompatible across versions/devices, or produce unexpected results.

All features are provided on an "AS IS," "AS AVAILABLE," and "AS IMPLEMENTED" basis.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANYFYN INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SECURITY, AVAILABILITY, AND ERROR-FREE OPERATION.

Anyfyn Inc. does not warrant that the App will meet your requirements, operate without interruption, or successfully prevent unauthorized access.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

This limitation applies regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those jurisdictions, limitations apply to the maximum extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Anyfyn Inc. and its officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or relating to:

• your Content (including audio recordings),
• your failure to obtain consent to record,
• Content you import, export, share, or replicate,
• your violation of law,
• your misuse of the App,
• your use of Third-Party Services.

16. Third-Party Services and Links

The App may interact with Third-Party Services (e.g., cloud drives, websites for previews). Anyfyn Inc. does not control Third-Party Services and is not responsible for their actions, content, policies, availability, or security.

Your use of Third-Party Services is governed by their terms and policies.

17. Changes to the App and Terms

Anyfyn Inc. may update the App and may revise these Terms from time to time. Updated Terms become effective when posted. Your continued use of the App after changes means you accept the updated Terms.

18. Dispute Resolution: Arbitration; Class Action Waiver; Small Claims

Mandatory Arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in New York, New York, under AAA rules.

No Jury Trial.

You and Anyfyn Inc. waive the right to a jury trial.

Class Action Waiver.

You and Anyfyn Inc. agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Small Claims Carve-Out.

Either party may bring an eligible individual claim in small claims court in New York, New York, instead of arbitration.

Severability of Waiver.

If the class action waiver is found unenforceable, then the arbitration requirement will be unenforceable only to the extent required by law.

19. Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.