Terms of Use

1. Acceptance of these terms

These Terms of Use ("Terms") are a binding agreement between you and [YOUR LEGAL ENTITY NAME] ("SecondBrain", "we", "us") governing your use of the SecondBrain application and related services (the "App" or "Service").

By downloading, installing, accessing, or using the App you agree to these Terms. If you do not agree, do not use the App. You must be at least 13 years old (or the minimum age of digital consent where you live) to use the Service.

2. Licence to use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the App for your own personal, non-commercial purposes on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.

You may not: copy, modify, or create derivative works of the App; reverse engineer, decompile, or disassemble it except where that restriction is prohibited by law; rent, lease, lend, sell, redistribute, or sublicense it; or remove any proprietary notices.

We retain all rights, title, and interest in the App, including all intellectual property. These Terms grant you no rights to our trademarks or branding.

3. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at support@second-brain.app if you suspect unauthorised access.

You agree to provide accurate account information and to keep it current.

4. Your content

You own your content. Everything you capture — notes, tasks, recordings, transcriptions, photos, and other material ("Your Content") — remains yours. We claim no ownership over it.

You grant us a limited licence to host, store, transmit, process, display, and back up Your Content solely for the purpose of operating and providing the Service to you. This licence ends when you delete the content or your account, subject to standard backup rotation.

You are responsible for Your Content and confirm you have the rights necessary to store and process it through the Service. We do not monitor Your Content, but we may remove content that violates these Terms or the law.

You can export Your Content at any time. See our Privacy Policy for how we handle it.

5. AI features and their limits

The App uses artificial intelligence to transcribe, classify, title, and file what you capture, and to generate summaries, briefings, and reminders.

The Service does not provide professional advice of any kind. Nothing generated by the App should be relied on as legal, medical, financial, or tax advice.

6. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Upload content that infringes another person's intellectual property or privacy rights
• Record any person without the consent required by the laws of your jurisdiction
• Attempt to gain unauthorised access to the Service, other accounts, or our systems
• Interfere with, disrupt, or place undue load on the Service or its infrastructure
• Use automated means to scrape or extract data from the Service
• Resell, sublicense, or provide the Service to third parties
• Use the Service to store or transmit malware or harmful code

7. Third-party services and costs

The Service depends on third-party providers for hosting, storage, AI processing, and notifications. Depending on how your instance is configured, you may hold accounts directly with these providers and be responsible for their fees and their terms of service.

We are not responsible for third-party services, their availability, their pricing changes, or any loss arising from them. Your use of those services is governed by their own agreements.

8. Subscriptions and payment

SecondBrain offers an auto-renewing subscription, SecondBrain Pro, available in two options:

• Weekly — US$7.99 per week
• Monthly — US$29.99 per month

Prices are in US dollars and may vary by region and currency. The price applicable to you is always shown before you confirm the purchase.

If you purchase a subscription through the Apple App Store:

• Payment is charged to your Apple ID account at confirmation of purchase.
• Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period, at the rate disclosed at purchase.
• You can manage or cancel subscriptions in your Apple ID account settings after purchase.
• Any unused portion of a free trial is forfeited when you purchase a subscription.
• Refunds are handled by Apple under the App Store Terms of Service; we cannot issue App Store refunds directly.

Prices may change. We will give notice of price changes before they apply to a renewal.

9. Termination

You may stop using the Service and delete your account at any time from Settings → Account → Delete account or via our deletion page.

We may suspend or terminate your access if you materially breach these Terms, if required by law, or if continuing to provide the Service would create a security or legal risk. Where reasonable, we will give you notice and an opportunity to export Your Content.

Sections that by their nature should survive termination — including content ownership, disclaimers, limitation of liability, indemnity, and governing law — will survive.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that AI output will be accurate, or that data will never be lost. You are responsible for maintaining your own backups of anything you cannot afford to lose.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECONDBRAIN AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) [USD 50].

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

12. Indemnity

You agree to indemnify and hold harmless SecondBrain from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your breach of these Terms or applicable law.

13. Apple App Store terms

The following applies to the App obtained through the Apple App Store, and takes precedence over conflicting provisions in these Terms:

1. Acknowledgement. These Terms are concluded between you and SecondBrain only, and not with Apple Inc. ("Apple"). SecondBrain, not Apple, is solely responsible for the App and its content.
2. Scope of licence. The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. SecondBrain is solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. SecondBrain is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
5. Product claims. SecondBrain, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property. In the event of a third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, SecondBrain, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
7. Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints, or claims about the App should be directed to [YOUR LEGAL ENTITY NAME, ADDRESS], support@second-brain.app.
9. Third-party terms. You agree to comply with any applicable third-party terms when using the App.
10. Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

14. Governing law

These Terms are governed by the laws of [PROVINCE/STATE, COUNTRY], without regard to conflict-of-laws principles. The courts of [JURISDICTION] will have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

If you are a consumer, you may also benefit from mandatory provisions of the law of your country of residence, and nothing here deprives you of that protection.

15. Changes to these terms

We may update these Terms as the Service evolves. If we make material changes, we will notify you in the App or by email before they take effect. Continuing to use the Service after changes take effect means you accept the revised Terms.

16. Contact

• Email: support@second-brain.app
• Support: second-brain.app/support
• Postal: [YOUR LEGAL ENTITY + REGISTERED ADDRESS]