Legal

Terms & Conditions

These Terms & Conditions govern the use of the CROSSNote application (“CROSSNote”, “the App”), which is operated by OS3e Technologies (“we”, “us”, or “our”).

1. Account Security

Your use of the App is tied to your personal Apple account, and the login process is managed using Apple's secure login technology. As such, the security of your account is primarily dependent on your management of your Apple account, including the creation and protection of your password and other account details. We do not have access to your Apple account details and do not have the ability to recover or reset your password.

Therefore, we are not responsible for any compromise, loss of data, or other issues arising from the unauthorized access or use of your Apple account. It is your responsibility to ensure that your Apple account information remains secure, and we strongly encourage you to use all available security features provided by Apple, including two-factor authentication. For more information on securing your Apple account, please refer to Apple's support resources.

2. Privacy and Personal Data

Our App respects and prioritizes your privacy. We designed the App to store your personal data, such as your name, email address, and the content of your calendar entries (collectively, "Personal Data"), directly on your personal iCloud account. Health data is handled separately as described in section 3.

As a user, you are solely responsible for managing your iCloud account, which includes making any necessary payments for storage, ensuring there is enough space for data storage, and maintaining your account's security.

Please note that we are not responsible for managing or ensuring the availability of storage space in your iCloud account. If there is insufficient space in your iCloud account, the App may not be able to store your data effectively.

To enhance the functionality of our App, including its AI assistant feature, we do not access, collect, or store your Personal Data on our servers. Core health-related processing and analysis, including health-related metrics, readiness scores, and wellness insights, are performed locally on your device.

Any interaction between the app and external AI services passes through a secure proxy designed to remove direct identifiers and technical information that could identify you, such as account or device metadata. No personal identifiers or device details are intentionally transmitted to third parties, including AI providers, unless strictly necessary to provide the requested functionality.

Your notes, calendar entries, and other non-health content are processed on your device and within your iCloud account, employing Apple's robust data protection systems and following Apple's privacy policy and terms of service. Please understand that it's your responsibility to comply with Apple's terms and privacy policy when using iCloud. For more information, please review Apple’s iCloud Terms and Conditions and Apple’s Privacy Policy.

We are committed to complying with applicable data protection regulations, including GDPR where applicable.

Our Privacy Policy is available within the App and at:
https://www.crossnote.net/privacy-policy

3. Integration with Apple Health

CROSSNote accesses and displays health and fitness data from Apple Health solely to enhance your experience within the app. This includes advanced health metrics such as heart rate variability (HRV), resting heart rate, sleep stages, and activity data. CROSSNote processes this information to provide you with insights about your wellbeing, recovery, and readiness.

Health data is accessed through HealthKit, and CROSSNote’s health-related calculations are performed locally on your device. CROSSNote does not maintain its own iCloud replica of your Apple Health data. The availability of health information on another device depends on the information available through Apple Health on that device.

We assure you that this health and fitness data, once accessed, will not be used, processed, or shared for purposes other than providing you with insights and functionalities directly within the app, except where strictly necessary to enable specific features described in these Terms, such as AI-driven functionality. Our app maintains strict privacy protocols to ensure the confidentiality and integrity of your health data, in alignment with our commitment to user privacy and data protection standards.

It remains your responsibility to manage your health data within Apple Health, including reviewing and adjusting permissions as necessary.

4. Health Information Disclaimer

CROSSNote provides access to health and fitness data from Apple Health to enhance user experience and offer personalized insights. All health-related information, including readiness scores, stress estimations, and wellbeing analyses generated by CROSSNote or its AI assistant, are for informational purposes only. CROSSNote is not a healthcare or medical device provider, and the health-related information provided by the app is for general informational purposes only.

This information is not intended as, and should not be construed as, medical advice, diagnosis, treatment, or professional healthcare consultation. Users are encouraged to consult with qualified healthcare professionals for personalized medical advice and before making any decisions related to their health based on the data accessed through the app. Reliance on any information provided by CROSSNote is solely at your own risk.

5. User Responsibilities

As a user of CROSSNote, you are responsible for the accuracy and legality of any data you input into the app, including but not limited to health and fitness information retrieved from Apple Health. It is imperative that you:

Ensure the accuracy of the health and fitness data you provide to the app, understanding that this data may influence the app's functionality and the insights or recommendations provided.
Use the app in a manner that complies with all applicable laws and regulations, respecting the rights and privacy of others.
Maintain the confidentiality of your account information and access credentials, and promptly notify us of any unauthorized use of your account or breach of security.

Your adherence to these responsibilities is essential for the effective functioning of CROSSNote and the safety and privacy of your personal information.

6. Intellectual Property Rights

The content, features, functionality, and all underlying software or technology used in CROSSNote, including text, graphics, logos, icons, images, and the overall design of the app, are the exclusive property of CROSSNote and its licensors. The app and its content are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

For App Store downloads, the licence to use the App is governed by Apple’s Standard Licensed Application End User License Agreement:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

These Terms provide complementary conditions for CROSSNote’s services and subscriptions; they do not replace Apple’s Standard EULA. In the event of a conflict concerning the licence to use the App, Apple’s Standard EULA prevails.

User License: Subject to Apple’s Standard EULA, we grant you a limited, non-exclusive, non-transferable, and revocable license to use CROSSNote for your personal, non-commercial use, subject to these Terms & Conditions. This license does not include any rights to:

Resell or commercially use the app or its contents.
Copy, modify, or create derivative works based on the app or its contents.
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of CROSSNote.
Use any meta tags or any other "hidden text" utilizing CROSSNote's name or trademarks.

Any unauthorized use of the app or its content terminates the license granted by CROSSNote.

Trademarks: The company name, the terms CROSSNote, the CROSSNote logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CROSSNote or its affiliates or licensors. You must not use such marks without the prior written permission of CROSSNote. All other names, logos, product and service names, designs, and slogans on this app are the trademarks of their respective owners.

7. Data Retention and Deletion

User Data Deletion by User: CROSSNote provides you with the capability to directly delete your data within the app. This feature ensures that you maintain full control over your personal information and its retention.

No Storage on CROSSNote Servers: CROSSNote does not store or retain your personal data on its own servers. Your notes, calendar content, and other non-health personal content are stored on your device and within your personal iCloud account. Health information is accessed through HealthKit, and health-related calculations are performed locally as described in section 3.

Data Deletion: Because CROSSNote does not maintain server-side storage of your content, deletion of that content is controlled by you. You can delete content stored by CROSSNote directly within the app or by managing your iCloud storage, where applicable. Once deleted from your device and iCloud account, that content is permanently removed and cannot be recovered.

Please note: Deleting content stored by CROSSNote from your device and iCloud account will result in permanent removal of that content. No copies are retained by CROSSNote or its developers. Health data held in Apple Health is managed separately through Apple Health; removing CROSSNote does not, by itself, delete that underlying Health data.

Use of Analytics Services (Mixpanel): CROSSNote may use analytics services such as Mixpanel to collect limited, non-sensitive information about how the app is used (for example, feature usage and performance metrics). This data does not include your personal content, health data, or any information stored in your iCloud account. Where possible, such data is minimized and pseudonymized, and is used solely to improve the app’s functionality and user experience.

We are dedicated to upholding your privacy and the security of your personal data, consistent with our privacy policy and relevant data protection laws.

Subscriptions and Data Deletion: Deleting the App or your content does not cancel an App Store subscription. Cancelling or allowing a subscription to expire does not, by itself, request deletion of your content. App Store purchase and billing records are handled separately by Apple under its applicable terms and policies. Subscription management is explained in section 16.

8. AI Interaction and Data Usage

CROSSNote incorporates advanced AI technology, such as ChatGPT and other services from OpenAI or others, to enhance app functionality and user experience. These services are accessed via APIs, ensuring seamless integration and innovative features within CROSSNote.

AI-Generated Responses and Data Handling:

When you interact with the AI assistant, your data is processed through a secure proxy designed to minimize identifying information before transmitting any necessary data to external AI providers. This proxy removes direct identifiers and technical metadata (such as account or device-related information) wherever possible. No personal identifiers or device details are intentionally transmitted to third parties, including AI providers, unless strictly necessary to provide the requested functionality.

While we strive for accuracy and relevance in AI-generated content, it’s important to recognize that these responses are based on extensive data and complex algorithms. As such, they should not be deemed infallible or a substitute for human judgment. We encourage users to use their discretion and consult professionals when necessary.

Privacy and AI: In line with our commitment to user privacy, all interactions with AI technologies within CROSSNote are designed to minimize the exposure of personal information. Data shared with external AI services is transmitted through a secure proxy that reduces identifying information and removes direct personal identifiers where possible.

We configure our AI providers (such as OpenAI) so that data is not used for training or retained beyond what is necessary to provide the requested functionality, in accordance with their published policies.

Limitation of Liability: As with any automated technology, there’s a potential for errors or unexpected outputs. CROSSNote, its developers, and affiliates bear no liability for misunderstandings, errors, or any damages arising from AI-generated content. Users are advised to exercise caution and not rely solely on AI responses for critical decisions.

9. Non-disclosure of Personal Data

We will not sell, distribute or lease your Personal Data to third parties unless we have your explicit permission or are required by law to do so. Your Personal Data will not be linked or related to any identifiable information or identifier.

10. User Content and Data Usage

The notes and content you create within CROSSNote are stored exclusively on your device and your personal iCloud account. This ensures that your data remains private and fully under your control.

We ensure that the data you provide remains under your control and is not collected, stored, or used by CROSSNote on its servers for purposes other than those strictly necessary to operate and provide the app’s functionality. Processing of your notes, calendar entries, and other non-health content occurs locally on your device or within your iCloud account, except where strictly necessary to provide specific features of the app. This may include:

limited, non-sensitive analytics data (such as feature usage and performance metrics), and
data processing required to enable AI features, which is transmitted through a secure proxy designed to minimize identifying information, as described in these Terms.

Health and wellness information, such as HRV, sleep, readiness scores, and locally calculated metrics, is handled as described in section 3. Any processing associated with external AI features is subject to section 8 and our Privacy Policy.

This commitment is a core pillar of our philosophy. Your data will not be used for training or any purpose unrelated to the app’s functionality. Any limited analytics data collected is strictly minimized, does not include personal or health content, and is used solely to improve the app’s performance and user experience. CROSSNote is built on the principle of respecting and safeguarding your privacy, ensuring that your content remains yours, always.

11. Changes to Terms

We may modify these Terms at any time, and such modifications will be effective immediately upon posting of the modified Terms on our App. Your continued use of the App signifies your acceptance of such modifications.

For paid subscriptions, changes affecting prices, billing, or the conditions of an existing subscription remain subject to Apple’s applicable notification and consent procedures and any mandatory requirements of applicable law, as explained in section 16.

12. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this App.

This includes but is not limited to inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our App. It also includes any loss of data or damage to your device resulting from use of the App, including but not limited to the loss of data in your device, during synchronization processes, or in your iCloud account. We cannot guarantee the performance or results you may obtain by using the App.

You are responsible for the entire cost of all necessary servicing, repair, or correction. We are not responsible for any charges or obligations you incur in your dealings with third parties (like your internet provider or your wireless (mobile) carrier).

The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

13. Termination Clause

General Termination Rights: CROSSNote reserves the right to terminate or suspend your account and access to the app without notice for conduct that violates these Terms & Conditions, other policies or guidelines set forth by CROSSNote, or for any other reason that may compromise the integrity and security of our app and its users.

This includes, but is not limited to, violations of intellectual property rights, inappropriate or offensive behavior, security breaches, and any fraudulent, harmful, or illegal activities.

Abuse of AI Services: Specific attention is drawn to the responsible use of AI services integrated within CROSSNote. Users are prohibited from:

Misusing AI capabilities, including generating prohibited content or attempting to reverse-engineer the AI technology.
Circumventing or attempting to circumvent any rate limits, restrictions, or controls placed on the use of AI services, including efforts to exceed the number of allowed requests within a given timeframe.
Engaging in activities that burden the system beyond reasonable use or using AI services for unintended purposes.

Violations related to the abuse of AI services will lead to immediate account suspension or termination. CROSSNote is committed to ensuring the lawful and respectful use of AI technologies and will enforce these terms rigorously.

Consequences of Termination: Upon termination, you are required to cease all use of the app, and CROSSNote reserves the right to delete all data associated with your account in compliance with our Data Retention and Deletion policies.

App Store Subscriptions: Termination or suspension of access to CROSSNote does not, by itself, cancel an App Store subscription. Subscription cancellation, refunds, and any mandatory consumer rights remain subject to section 16 and applicable law.

14. Dispute Resolution

All matters relating to the App and these Terms, including any dispute or claim arising from or related to these Terms or the App (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the city of Wilmington and County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At our sole discretion, we may require you to submit any disputes arising from the use of the App or these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the said rules.

Notwithstanding the foregoing, you agree that you will not bring any class action or class arbitration against us, and you will only bring disputes in your individual capacity.

15. Contact Information

For any questions, concerns, or comments regarding these Terms & Conditions, or if you require support or wish to report a problem related to CROSSNote, please contact us at:

Email: support@crossnote.net
Phone: +1 302 520 2479
CROSSNote is operated by OS3e Technologies, LLC, 1007 N Orange St, 4th Floor, PMB 5248, Wilmington, DE 19801, USA.

We are committed to addressing your inquiries promptly and effectively. For immediate assistance, please refer to the 'about' section within the app, where you can find answers to common questions and information on how to use CROSSNote most effectively.

16. Free Access, Plus Preview, and Subscriptions

16.1 Free Access

CROSSNote includes functionality available without a paid subscription. Additional features and higher usage allowances are available through an eligible Plus Preview or an active paid subscription.

The App describes the features and allowances associated with each option.

16.2 Plus Preview

Plus Preview is a 30-day period managed by CROSSNote, independently of App Store subscriptions. It is not an Apple introductory subscription trial.

Plus Preview does not renew automatically, does not require a subscription purchase, and does not result in an automatic charge.

The App displays the end date of the Preview. If you do not have an active paid subscription when it ends, access returns to the free offering.

If you purchase a subscription during the Preview, the paid subscription starts according to Apple’s purchase confirmation. Payment is not automatically deferred until the Preview ends.

Purchasing, changing, or cancelling a subscription does not restart or extend the original Preview period.

16.3 Subscription Plans

CROSSNote offers three auto-renewable subscription plans:

Plus Monthly: Plus features and allowances, billed monthly.
Plus Annual: the same Plus features and allowances, billed annually.
Founding Supporter Annual: Plus features with higher contextual AI and advanced transcription allowances, billed annually.

The App describes the features and applicable usage allowances before purchase.

Founding Supporter is an annual subscription, not a donation or a lifetime-access purchase.

16.4 Prices and Payment

The applicable price, currency, and subscription period are displayed in the App and in Apple’s purchase confirmation before you subscribe. Prices may vary by country or region.

Payment is charged to the Apple Account used to confirm the purchase, according to the conditions displayed by Apple. Annual plans are charged for the annual period, not as monthly instalments.

Payments are processed by Apple. CROSSNote does not collect your payment-card details for these purchases.

16.5 Automatic Renewal and Price Changes

Subscriptions renew automatically for successive monthly or annual periods unless cancelled through Apple.

To avoid renewal, cancel at least 24 hours before the end of the current subscription period. Apple may charge for renewal during the 24 hours before the next period begins.

Renewal dates and billing information are available in your Apple subscription settings. Price changes are subject to Apple’s applicable notification and consent procedures and applicable law.

16.6 Managing and Cancelling Subscriptions

You can review, change, or cancel your subscription through “Manage subscriptions” in CROSSNote or through the subscription settings associated with your Apple Account.

Cancelling normally stops future renewal. Access continues until the end of the current paid period shown by Apple, unless a refund, revocation, or another applicable circumstance changes your entitlement.

Deleting the App, deleting your content, signing out, or ceasing to use CROSSNote does not cancel a subscription.

Apple’s cancellation instructions are available at:
https://support.apple.com/en-us/118428

16.7 Changing Plans

You can request a change between available plans through Apple’s subscription-management interface.

Apple determines when the change takes effect and any associated billing adjustment under its applicable subscription rules. Review the effective date and payment information displayed by Apple before confirming a change.

A scheduled downgrade does not immediately remove access to the current higher-tier plan. That access continues until the change takes effect.

16.8 Restoring Purchases and Access on Other Devices

An active subscription is associated with the Apple Account used to purchase it.

On supported devices using that purchasing account, CROSSNote can retrieve your active subscription. If access is not recognised, use “Restore purchases” within the App.

Restoring purchases does not create a new subscription or an additional charge. It does not reactivate an expired or revoked subscription.

Restoring subscription access is separate from restoring or synchronizing your notes and other content.

16.9 Expiry, Refunds, and Revocation

When a subscription expires or Apple revokes the relevant entitlement, access to the paid plan ends.

If the original Plus Preview period is still active, its remaining period applies. Otherwise, access returns to the free offering. Expiry or cancellation does not create a new Preview period.

Refund requests for App Store purchases can be submitted to Apple at:
https://reportaproblem.apple.com

Refund eligibility depends on Apple’s applicable policies and applicable law. Cancelling a subscription’s future renewal does not, by itself, request a refund.

Any statutory right of withdrawal, refund, or other remedy remains unaffected. Conditions relating to the immediate supply of digital content or services are subject to applicable law and the information and consent provided during the purchase process.

16.10 Usage Allowances

Paid subscriptions provide the features and usage allowances described for the selected plan. They do not provide unlimited use.

Contextual AI, the assistant, and advanced transcription have their own applicable allowances. A higher allowance for one feature does not imply a higher or unlimited allowance for every feature.

Reaching an allowance may temporarily limit the corresponding functionality.

16.11 Applicable Purchase Conditions

The App is licensed under Apple’s Standard Licensed Application End User License Agreement:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

App Store purchases and subscriptions are also subject to the Apple Media Services Terms and Conditions applicable to your country or region:
https://www.apple.com/legal/internet-services/itunes/

If a general provision elsewhere in these Terms conflicts with the specific subscription conditions in this section, this section governs that subscription matter.

Nothing in these Terms overrides Apple’s applicable purchase conditions or excludes consumer rights that cannot lawfully be excluded.