Terms of Service

1. Who We Are

Notum is operated by a registered Danish business entity:

The terms "Notum", "we", "our", and "us" refer to this entity. "You" refers to any individual or entity creating an account or accessing the service.

2. Eligibility, Account Registration & Individual Account Use

• Individual Use Only (No Account Sharing): Each Notum account is strictly for individual use by a single person. You may not share, sell, rent, transfer, or assign your account credentials, or allow multiple individuals to access or use the same account concurrently. Any unauthorized account sharing or credential distribution is a material breach of these Terms and may result in immediate suspension or termination.
• Age Requirement: You must be at least 13 years old (or 16 in applicable European Union Member States; 13+ in Denmark under Databeskyttelsesloven § 6) to create a standard account. If you are under the age of majority in your jurisdiction, you must have the permission and consent of a parent or legal guardian under Danish Værgemålsloven § 1.
• Restricted Safe Mode for Underage Users: In compliance with COPPA and GDPR Article 8, accounts created by users under the digital consent threshold (under 13 in the US/UK, under 16 in the EU without parental consent) operate strictly in Restricted Safe Mode. Multimedia flashcard uploads (images and audio) are disabled, and publishing decks or collections to the public Community Gallery is strictly prohibited by database constraints.
• Account Accuracy: You agree to provide accurate, current, and complete registration information and keep your email address updated.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized access or security breach.

3. Acceptable Use Policy & Academic Integrity Honour Code

Notum is an educational platform dedicated to active learning, spaced repetition, and knowledge retention. You agree to comply with our Acceptable Use Policy and Honour Code:

• Academic Integrity & Honour Code: Notum strictly condemns academic dishonesty, cheating, and examination misconduct. You agree NOT to:
  • Upload, post, or publish live, active, or leaked examination questions, confidential assessment prompts, or proprietary copyrighted test banks from universities, schools, certification bodies, or testing organizations.
  • Use Notum (including our web application, mobile app, or browser tabs) to look up answers or cheat during closed-book, proctored, or unpermitted examinations, tests, or assessments.
  • Facilitate academic misconduct or violate the academic honesty policies of your educational institution.
• AI Model Training & Scraping Prohibition: You agree NOT to scrape, crawl, harvest, systematically extract, or download content, flashcard decks, concept graphs, or metadata from Notum using automated scripts, bots, spiders, or scrapers. You explicitly agree NOT to use, ingest, or extract any content or data from Notum to train, fine-tune, develop, or evaluate any third-party artificial intelligence, machine learning model, or algorithmic system without prior written authorization from Notum.
• Prohibited Content: You agree NOT to upload, share, or publish content that:
  • Infringes any third party's copyright, trademark, trade secret, privacy, publicity, or intellectual property rights.
  • Is unlawful, defamatory, libelous, harassing, threatening, sexually explicit, hateful, or discriminatory.
  • Contains personally identifiable information of minors without verified parental consent.
  • Distributes viruses, trojans, worms, ransomware, or malicious attachments via deck notes or media files.
• Infrastructure Protection: You agree not to probe, scan, or test the vulnerability of Notum systems, circumvent rate limits, or impose an unreasonable or disproportionately large load on our servers, databases, or infrastructure.

4. User Content, Intellectual Property Ownership & DMCA Repeat Infringer Policy

• Your Content Ownership: You retain 100% ownership and intellectual property rights over all flashcard decks, terms, definitions, notes, LaTeX equations, code snippets, and media files you create, import, or upload to Notum.
• Operational License: You grant Notum a worldwide, non-exclusive, royalty-free license to host, store, replicate, format, index, and transmit your content solely for the purpose of delivering, syncing, and maintaining the service for you.
• Public Community Gallery License: If you voluntarily choose to publish a deck or collection to the public Community Gallery, you grant other Notum users a non-exclusive license to view, study, and fork/clone that deck for personal educational use. You can unpublish or delete your public decks at any time.
• Notum Intellectual Property: The Notum software application, user interface, branding, logos, force-directed concept graph visualizations, and custom codebase remain the exclusive intellectual property of Notum.
• DMCA Safe Harbor & Takedown Notices (17 U.S.C. § 512): If you are a copyright owner or authorized agent and believe content hosted on Notum infringes your copyright, you may submit a formal notice pursuant to 17 U.S.C. § 512(c) via our online portal at /report-content or by email to [email protected]. Notices must include: (a) physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material with specific URLs; (d) your contact details; (e) a statement of good faith belief; and (f) a statement under penalty of perjury that the notice is accurate and that you are authorized to act.
• Counter-Notice Procedure (17 U.S.C. § 512(g)): If you believe your content was removed or disabled by mistake or misidentification, you may submit a written counter-notice to [email protected]. The counter-notice must include your name, address, phone number, identification of the removed material, a statement under penalty of perjury that you have a good faith belief the material was removed by mistake, consent to jurisdiction of the competent federal or Danish courts, and your signature.
• Repeat Infringer Policy (17 U.S.C. § 512(i)): In accordance with the DMCA and global intellectual property standards, Notum maintains a strict policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.

5. Subscriptions, Billing, Auto-Renewal & Price Changes (including AB 2863 Disclosures)

• Plans & Pricing: Notum provides Free and Premium subscription tiers. Current listed prices for Premium are €4.99 EUR/month (monthly billing) or €47.90 EUR/year (annual billing). Applicable taxes, VAT, and currency conversions are itemized at checkout.
• Payment Processing: Payments are processed securely via Stripe. You authorize Notum and Stripe to charge your designated payment method for all subscription fees as they become due.
• Automatic Renewal: Paid subscriptions automatically renew at the conclusion of each billing cycle (monthly or annually) unless cancelled prior to the renewal date.
• California AB 2863 Affirmative Consent & Annual Reminder Notices: In compliance with California Assembly Bill 2863 (AB 2863), subscribers provide express affirmative consent to recurring automatic renewal terms at checkout. For annual subscriptions (€47.90 EUR/year), Notum transmits an electronic renewal reminder notice between 15 and 45 days (nominally 30 days) prior to the renewal charge date, specifying the renewal price, charge date, and unambiguous online cancellation instructions.
• Cancellation & Click-to-Cancel: You may cancel your subscription at any time with zero dark patterns via your Account Settings or the Stripe Customer Portal. Upon cancellation, your premium features remain active until the end of your current prepaid billing period, after which your account reverts to the Free tier without deleting your decks or progress.
• Price Changes: We reserve the right to modify subscription prices. In the event of a price increase, we will provide you with reasonable advance written notice (via email or prominent in-app notification) before your next billing cycle. The updated price will apply to subsequent renewals. If you do not agree to the price change, you may cancel your subscription prior to the effective date without penalty.

6. EU Consumer Right of Withdrawal & Directive (EU) 2023/2673 Online Withdrawal Portal

Under the European Union Consumer Rights Directive (Directive 2011/83/EU), consumers residing in the EU/EEA normally have a 14-day statutory right of withdrawal from distance contracts.

For digital services and instant subscription access: By completing your subscription checkout and requesting immediate access to Premium digital features, you provide your express consent to immediate contract performance and acknowledge that you lose your 14-day right of withdrawal once digital service delivery begins.

In accordance with Directive (EU) 2023/2673 Article 11a, consumers who enter into distance contracts through our online interface have access to a continuously accessible, two-step online withdrawal mechanism accessible without requiring user authentication:

7. AI-Generated Study Material & No Medical, Legal or Professional Advice Disclaimer (EU AI Act Art. 50)

• EU AI Act Transparency Disclosure (Regulation (EU) 2024/1689 Art. 50): Notum offers optional artificial intelligence features, including automated flashcard generation and multiple-choice quiz distractor generation, powered by large language models (such as Google Gemini). These features automatically synthesize text. AI-generated outputs may occasionally be inaccurate, incomplete, hallucinated, or out-of-date. You are solely responsible for reviewing, verifying, and validating the accuracy of all AI-generated content before relying on it for examinations or study.
• NO MEDICAL, CLINICAL, OR HEALTHCARE ADVICE: Flashcards, decks, and study sets hosted on Notum—including materials tagged under Medicine, Nursing, Anatomy, Physiology, Pharmacology, Clinical Practice, Emergency Care, or Healthcare—are created for general educational and memorization purposes only. Notum content does NOT constitute medical advice, diagnosis, clinical guidance, or treatment recommendations. Medical knowledge constantly evolves. Healthcare practitioners, students, and patients must verify all drug dosages, clinical procedures, and diagnostic criteria against primary medical literature, clinical guidelines, and qualified licensed healthcare professionals. Never ignore professional medical advice or delay medical treatment because of flashcards on Notum.
• NO LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE: Content related to Law, Bar Examination preparation, Finance, Accounting, Tax, or Engineering is provided solely for educational reference. It does not constitute legal counsel, financial advice, or professional engineering verification. Consult qualified, licensed professionals for real-world legal, financial, or safety-critical decisions.

8. EU Digital Services Act (DSA) Notice & Action, Moderation, and Redress

In compliance with the EU Digital Services Act (Regulation (EU) 2022/2065, "DSA"), Notum provides robust mechanisms for content moderation, reporting, and dispute resolution:

• Notice & Action Mechanism (DSA Art. 16): Any individual or entity may submit a notification of suspected illegal content, intellectual property infringement, or Terms of Service violations via our dedicated portal at /report-content. Notices must specify the content URL, explanation of illegality, and notifier contact details.
• Soft-Deletion Evidentiary Preservation: When public decks or flashcards are restricted following an Article 16 notice or moderation finding, they are placed into a soft-deleted or restricted status (RESTRICTED_ACCESS) to prevent public dissemination while preserving an immutable evidentiary record for legal compliance, statutory investigations, and counter-notice proceedings.
• Statement of Reasons (DSA Art. 17): When Notum imposes restrictions, disables access, or suspends accounts for content violations, we provide a clear and specific Statement of Reasons detailing the legal or contractual provisions relied upon and the available redress avenues.
• Internal Complaint-Handling & Redress (DSA Art. 20 & 21): Users have the right to lodge an internal complaint against moderation decisions for at least six months from the decision date via our support channel at /support. Users may also seek resolution before certified out-of-court dispute settlement bodies or competent national courts.
• Single Point of Contact (DSA Art. 11 & 12): Our designated single point of contact for communications with Member State authorities, the European Commission, the European Board for Digital Services, and recipients of our services is [email protected]. Languages accepted: English and Danish.

9. Service Availability, Uptime, and Updates

We strive to maintain maximum reliability, performance, and uptime. However, Notum is provided on an "as is" and "as available" basis. We reserve the right to perform necessary server maintenance, deploy software upgrades, and enhance or modify features over time. We are not liable for transient network disruptions or third-party infrastructure outages.

10. Account Termination & Suspension

• By You: You may terminate your account at any time via the Account Settings ("Danger Zone"). All associated decks, review history, and media attachments will be permanently deleted in accordance with our Privacy Policy.
• By Notum: We reserve the right to suspend or terminate accounts that materially violate these Terms, breach our Academic Integrity Honour Code, engage in repeat intellectual property infringement, commit payment fraud, or pose security risks to other users.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Notum disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of study materials, and uninterrupted or error-free operation.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Notum and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, academic standing, examination grades, or study records. In no event shall our total aggregate liability exceed the greater of €50 EUR or the total amount paid by you to Notum during the 12 months preceding the claim.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Notum, its owner, affiliates, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable legal and attorneys' fees) arising from or related to:

• Your access to, use of, or inability to use the Notum platform.
• Your User Content, flashcards, or media attachments uploaded or published to Notum.
• Your violation of any provision of these Terms or the Academic Integrity & Honour Code.
• Your infringement or violation of any third-party intellectual property, privacy, or publicity rights.

This indemnification obligation applies subject to mandatory statutory consumer protections under applicable EU or national laws.

14. Non-Waivable Consumer Protections

Nothing in these Terms shall limit or exclude any statutory consumer rights that cannot be waived under mandatory local laws (including mandatory EU, UK, Danish, and state consumer protection legislation).

15. Governing Law, Dispute Resolution & Class Action Waiver

These Terms and any disputes arising out of or related to your use of Notum shall be governed by and construed in accordance with the laws of the Kingdom of Denmark, excluding conflict-of-law principles. Any legal proceeding shall be subject to the jurisdiction of the competent courts of Denmark, without prejudice to mandatory statutory consumer forum protections permitting consumers to bring claims in their country of habitual residence.

16. General Legal Provisions

• Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• Non-Waiver: No failure or delay by Notum in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise preclude any other or further exercise thereof.
• Assignment: You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. Notum may assign or transfer these Terms at its sole discretion without restriction.
• Entire Agreement & Survival: These Terms constitute the entire agreement between you and Notum regarding the subject matter herein. Any provisions that by their nature should survive termination (including Ownership, Intellectual Property, Disclaimers, Limitations of Liability, Indemnification, and Dispute Resolution) will survive termination of your account or these Terms.

17. Legal Contact Information

If you have questions regarding these Terms of Service, please contact us at: